What is the test to determine whether a limitation period has expired?
Ontario, Canada
The following excerpt is from Rumsam v. Pakes, 2019 ONCA 748 (CanLII):
The test to determine whether the limitation period has expired on a particular set of facts is a question of mixed fact and law which attracts a standard of palpable and overriding error: Housen v. Nikolaisen, 2002 SCC 33, [2002] S.C.R. 235, at para. 36.
Section 5(b) of the Limitations Act provides that a “cause of action arises for the purposes of a limitation period when the material facts on which it is based have been discovered, or ought to have been discovered, by the plaintiff by the exercise of reasonable diligence” (emphasis added): Lawless v. Anderson, 2011 ONCA 102, 276 O.A.C. 75, at para. 22.
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