Limitations in personal injury litigation can be contentious, especially since the nature of the damages suffered by a plaintiff may not necessarily be known at the initial time of loss. This is especially true in claims that include chronic pain, as these types of medical conditions are not diagnosed until several weeks after an injury.
In these contexts, a plaintiff may rely on discoverability to exceed the two year presumptive limitation found in s. 4 of the Limitations Act. Courts have extended this notion of discoverability even further, the Ontario Divisional Court finding in Pereira v. Contardo that the . . . [more]