NCA Civil Procedure Practice Questions - NCA Canadian Civil Procedure Examination Exam

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A plaintiff is injured in a car accident but does not appreciate that the injury is serious enough to warrant a lawsuit until months later. Applying Peixeiro v Haberman and the discoverability principle reflected in Ontario's Limitations Act, 2002, when does the basic limitation period typically begin to run?

On the day of the accident, because the tort was complete then When the plaintiff discovers, or ought reasonably to have discovered, the material facts on which the claim is based, including that a proceeding would be an appropriate means to seek a remedy Only when a physician provides a formal written diagnosis When the defendant admits liability

Correct Answer:

When the plaintiff discovers, or ought reasonably to have discovered, the material facts on which the claim is based, including that a proceeding would be an appropriate means to seek a remedy

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