In Ontario, under s. 5(1)(a)(iv) of the Limitations
Act, 2002, 5.0. 2002, c.24, Schedule B (the Act), the two
year limitation period for most civil lawsuits starts when the
plaintiff knows that an action would be an "appropriate
means" to remedy their loss.
Over the past seven years, Ontario courts have sought to define
the meaning of "appropriate" under s.
5(1)(a)(iv).
A recent decision of the Ontario Court of Appeal, Dass v.
Kay, 2021 ONCA 565, addresses the issue of whether an action
is "appropriate" where the plaintiff may or may not
understand the likelihood of success.
An action for reputational and commercial
harm
Dass arose out of an action by the plaintiff for
reputational and commercial harm caused by the defendant's
allegedly unauthorized use of the plaintiff's personal
information in a loan application. The loan application resulted in
the plaintiff's commercial lender refusing to do business with
him.
