Some might wonder if the test as enunciated suggests a certain level of legal knowledge which makes the commencement problematic. Brown v. Baum, 2016 ONCA 325:
 I do not agree that the motion judge erred in his interpretation of the section. I agree with the motion judge that the fourth condition of discoverability under the Act is met at the point when the claimant not only knows the factual circumstances of the loss she has suffered, but also knows that "having regard to the nature of the injury, loss or damage", an action is an appropriate remedy. Once she knows that, she has two years to initiate that action.