The discovery of a new fact helpful to a plaintiff's case does not restart a limitation period

The Investment Administration Solution Inc. v. Silver Gold Glatt & Grosman LLP, 2011 ONCA 658 deals with the start of a limitation period. Subject to some exceptions, a limitation period commences running once a potential plaintiff has sufficient knowledge to start a claim. Sufficient knowledge does not mean perfect knowledge and learning an additional helpful fact is not sufficient to restart the period running. The Court holds:


[15] The discovery of a new fact that might help the plaintiff's case does not restart the limitations period. As Rouleau J.A. put it in Lawless v. Anderson, 2011 ONCA 102, 276 O.A.C. 75, at para. 23, the question to be posed is whether the prospective plaintiff knows enough facts on which to base its allegations.