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ARTICLE · 12 AUGUST 2021

Drawing Plausible Inferences On Limitation Period Questions: The SCC Articulates The Test For Discoverability

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A claim is "discovered" (and therefore the statutory limitation period ordinarily begins to run) when a plaintiff has actual or constructive knowledge of the material facts upon which a plausible inference...

CanadaLitigation, Mediation & Arbitration
Scott Bower
Scott Bower
Preet Gill
Preet Gill
Ciara Mackey
Ciara Mackey
Joan Bilsland
Joan Bilsland
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A claim is "discovered" (and therefore the statutory limitation period ordinarily begins to run) when a plaintiff has actual or constructive knowledge of the material facts upon which a plausible inference of liability on the part of the defendant can be drawn. That is the conclusion of the Supreme Court of Canada in a July 29, 2021, unanimous decision that sets the standard to be applied for discoverability under Canadian limitations laws: Grant Thornton LLP v New Brunswick, 2021 SCC 31.

While the decision is an interpretation of the New Brunswick Limitation of Actions Act (the Limitations Act), the New Brunswick statute is modeled after similar statutes found in Ontario, Saskatchewan and Alberta, and therefore this important decision will undoubtedly have wide application on the standard for discoverability on limitation questions in Canada.

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