August 31, 2021

A heads-up to plaintiffs’ litigation counsel: The SCC 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 NOCC because you are waiting for further information. The SCC 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. In addition, the court held that a plaintiff does not need to know the exact type of harm it has suffered, nor the precise cause of its injury, in order for a limitation period to start running. Remember, you can always amend your pleadings, but you can’t fix a missed limitation period. Read more here.