Wednesday, October 17, 2012


Duchesne v. St-Denis, 2012 ONCA 699 deals with limitation periods and discoverability.  The Court holds that a claim is discoverable when the facts necessary for the claim are known; the legal effect of those facts is not a condition precedent to discovering the claim. The Court writes:

[29]       Both the Master and the Divisional Court erred in their interpretation of previous decisions of this court relative to whether knowledge of legal consequences that flow from known facts is required in order for actual knowledge to exist.  Such knowledge may assist in the acquisition of actual knowledge of a claim, but it is not a requirement.  The appellant here could have had actual knowledge without having had the benefit of the legal analysis that might have identified for him the potential liability of various potential defendants.

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