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Loss Prevention Tip #53 – Do Not Delay Filing the Statement of Claim

The Supreme Court of Canada recently held that limitation periods begin to run when the plaintiff knows, or ought to know, the material facts upon which a “plausible inference of liability” on the defendant’s part can be drawn. Don’t delay filing your Statement of Claim because you are waiting for perfection, as some details can only be obtained through documentary disclosure and the discovery process, once pleadings have closed. The Court held that plaintiffs do not need to have knowledge of every element of a cause of action before the time to file an action is triggered, including whether a duty of care existed or whether the conduct fell below the standard.

Remember, you can always amend your pleadings, but you can’t fix a missed limitation period. You may read more here.