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ARTICLE · 24 JANUARY 2025

Is Time On Your Mind? Part Two: Discoverability

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The new year is a time for resolutions and discovering strategies to achieve new goals. Unlike a new year's resolution, discovering a claim for a lawsuit against another can occur at any time during the year.

CanadaLitigation, Mediation & Arbitration
John A. M. Petrella
John A. M. Petrella
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The new year is a time for resolutions and discovering strategies to achieve new goals. Unlike a new year's resolution, discovering a claim for a lawsuit against another can occur at any time during the year. The consequences of failing to act may be more severe than abandoning a new year's resolution. (See my previous blog on limitation periods.) Fail to commence a lawsuit within two years of discovering a claim for injury, loss, or damage, and there may be a viable limitations defence such that the claim is dismissed.

Evaluating when a claim has been, or should have been, discovered, and therefore, when the two-year limitation clock starts ticking is nuanced and technical. I will address the starting point in this blog and further considerations in subsequent blogs.

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