Talk:Discovery Principle

WARNING - THIS PAGE CONTAINS PERSONAL OPINIONS AND IS NOT AUTHORITATIVE LAW UNLESS SPECIFICALLY CITED

Understanding Limitations

According to Pioneer Corp. v. Godfrey, 2019 SCC 42 (CanLII) the Supreme Court makes two distinctions with respect to construing or interpreting the language of any given limitation statute. The following are the two classifications of limitations language:

1) When time runs from “the accrual of the cause of action”

When time runs from an event which clearly occurs without regard to the injured party’s knowledge, the judge-made discoverability rule may not extend the period the legislature has prescribed Pioneer Corp. v. Godfrey, 2019 SCC 42 (CanLII).

2) When time runs from some other event which can be construed as occurring only when the injured party has knowledge of the injury sustained.

The judge-made discoverability rule applies only when a cause of action is is construed as occurring only when the injured party has knowledge of the injury sustained Pioneer Corp. v. Godfrey, 2019 SCC 42 (CanLII).

Application of Discoverability to Limitation Period's

[47] The application of discoverability to the limitation period in s. 36(4)(a)(i) is also supported by the object of statutory limitation periods. This Court has recognized that three rationales underlie limitation periods (M. (K.), at pp. 29-31), which courts must consider in deciding whether the discoverability rule applies to a particular limitation period. The first is that limitation periods foster certainty, in that “[t]here comes a time . . . when a potential defendant should be secure in his reasonable expectation that he will not be held to account for ancient obligations”(M. (K.), at p. 29). This concern must be balanced against the unfairness of allowing a wrongdoer to escape liability while the victim of injury continues to suffer the consequences (M. (K.), at p. 29). The second rationale is evidentiary: limitation periods are intended to help prevent evidence from going stale, to the detriment of the plaintiff or the defendant (M. (K.), at p. 30). Finally, limitation periods serve to encourage diligence on the part of plaintiffs in pursuing their claims (M. (K.), at p. 30).