What is the test for determining whether a plaintiff has discovered the facts of a claim?
Saskatchewan, Canada
The following excerpt is from Cox v. Battlefords School Division No. 118, 2002 SKQB 150 (CanLII):
A plaintiff has not “discovered” the facts of the claim if he or she is not “aware” of its existence. Wilson J. on behalf of the majority in City of Kamloops v. Nielsen et al. (1984), 1984 CanLII 21 (SCC), 10 D.L.R. (4th) 641 (S.C.C.) at 685 states: . . . But perhaps the most serious concern is the injustice of a law which statute bars a claim before the plaintiff is even aware of its existence. . . .
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