Simon looking earnest in Preveza, Greece
Simon Shields, LLB

Advising Self-Representing
Ontario Litigants
Since 2005

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Limitations - Discoverability

Yelda v Vu (Ont CA, 2014)

In this Court of Appeal case a would-be personal injury plaintiff tolerated significant physical pain past the point that the limitation period (counted from the date of the accident) had run out. When the extent of the injury was later determined, they sought to sue arguing that the injury had only been later 'discovered'. The case is useful reading for the circumstances that the court viewed as reasonable when determining when the cause of action should have been 'discovered'.
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