Talk:Real Property (Limitations)
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The Godfrey Test
In Pioneer Corp. v. Godfrey, 2019 SCC 42 (CanLII) the court made a clear distinction on how limitation statutes were to be interpreted. The Supreme Court outlines the methods of interpreting statutory limitations language as follows:
- Condition (1)
- The limitation date is set by a event that happens at a fixed point in time, such as a death.
- Condition (2)
- The limitation date is set by sufficient facts coming to the attention of an injured party that would inform the injured party that a loss has been sustained, this is what the Supreme Court calls "the accrual of the cause of action". (See paragraph 36 in Godfrey)
The question I propose to answer is, under what condition above is section 42 of the Real Property Limitations Act, R.S.O. 1990, c. L.15 to be expressed. The language of section 42 reads:
Author: Shaun D. Harvey, B.A
