What is the test for attributing actual or constructive awareness of material facts?
Manitoba, Canada
The following excerpt is from Cosford v. Bass, 2005 MBQB 200 (CanLII):
The issue of actual or constructive awareness must also be decided in favour of the applicant. Budd v. Cardoso confirms that knowledge is not attributed upon discovery of the first hint which may ultimately lead to knowledge. The process of discovery is given a reasonable investigative period to allow the applicant to get to a point where it can be said that she is aware of material facts or that she ought to be aware.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a plaintiff who already knows the material facts before the limitation period expired, sit on her rights and not file a claim? (Manitoba, Canada)
Does a constructive trust invoked by the wife in a separate civil action against the husband be considered a remedy of constructive trust? (Manitoba, Canada)
Is there an implied warranty of fitness of materials as well as workmanship with respect to premises in the course of construction? (Manitoba, Canada)
Is there an implied warranty of fitness of materials (as well as workman ship) with respect to premises in the course of construction? (Manitoba, Canada)
What is a material fact and what is the test for proving it? (Manitoba, Canada)
What must a palpable error be found in a finding of fact? (Manitoba, Canada)
What is the test for finding that the principles of constructive, implied or resulting trust are an alternate remedy under the provisions of the Family Law Act, 1986? (Manitoba, Canada)
What is the standard of review for a trial judge's findings of fact and the inferences drawn by her? (Manitoba, Canada)
What is the test for a material change in custody? (Manitoba, Canada)
Can a summary judgment be overturned on the basis of facts discovered after entry of the judgment? (Manitoba, Canada)
