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Limitations - Discoverability - Uncertain Degree of Damage

. Pascuet v. Sky Service F.B.O. Inc.

In Pascuet v. Sky Service F.B.O. Inc. (Div Ct, 2026) the Divisional Court dismissed a plaintiff's appeal, that brought against "the defendant’s motion for summary judgment" which "dismissed the action on the basis that it was statute-barred, as the claim had been initiated more than two years after it was discovered".

Here the court briefly considers the discoverability impact of uncertain degree of damages:
[73] Discoverability does not require that a plaintiff know the exact nature or extent of their damage. See Sampson v. Empire (Binbrook Estates), 2016 ONSC 5730, at para. 37.

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Last modified: 22-09-26
By: admin