What is the test on when a claim is discovered?
Ontario, Canada
The following excerpt is from Kumarasamy v. Western Life Assurance Company, 2021 ONCA 849 (CanLII):
The motion judge began her analysis with reference to s. 5 of the Limitations Act, 2002, and this court’s decision in Clarke v. Sun Life Assurance Company of Canada, 2020 ONCA 11, 149 O.R. (3d) 433, for the test on when a claim is discovered.
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