Barrister and Solicitor
Legal Writing and Research
Limitations - Discoverability
Zabanah v. Capital Direct Lending Corp. (Ont CA, 2014)
In this case the Court of Appeal clarified what degree of certainty is required before it can be said that a plaintiff has 'discovered' a cause of action for purposes of triggering the running of a limitation period:
 The appellant’s discoverability argument was that she did not know who was responsible for her loss, injury or damage until 2011. In addressing this argument, the motion judge concluded that by April 2008, the appellant had the knowledge to infer that Capital Direct may have been the cause of her loss. She relied on this court’s statement in Kowal v. Shyiak, 2012 ONCA 512 (CanLII), 13 C.L.R. (4th) 7, at para. 18, that:
Certainty of a defendant's responsibility for the act or omission that caused or contributed to the loss is not a requirement. It is enough to have prima facie grounds to infer that the acts or omissions were caused by the party or parties identified.