What is the difference between the discoverability principle and the reasonable prospect of success?
Saskatchewan, Canada
The following excerpt is from The Owners: Condominium Plan no. 81r14133 and 81r14134 (Sierra Village Condominium Association) v. Muxlow Development Corporation, 2008 SKQB 462 (CanLII):
The Strata decision is therefore clearly distinguishable. The constituent element of a “reasonable prospect of success” is peculiar to the British Columbia Limitation Act. There is no case authority in common law which stands for the proposition that a reasonable prospect of success is part of the discoverability principle as it has been interpreted and applied by Saskatchewan courts all of which follow Central Trust v. Rafuse, supra.
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