What is the test for establishing that a claim was not discovered by accident until after the date of death?
Ontario, Canada
The following excerpt is from Ramsarran v. Assaly Asset Management Corporation, 2019 ONSC 6793 (CanLII):
In any event, the plaintiffs bear the onus of leading evidence to displace the statutory presumption in s. 5(2) (Bergen v. Fast Estate, 2018 ONCA 484, at para. 10). The plaintiffs must establish that the claim was not discovered until some other date, based on the criteria set out in s. 5(1)(a) (JC v. Farant, 2018 ONSC 2692, at 18). They have failed to do so.
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