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Limitations

Limitation Periods and the Discoverability Rule

M(K) v M(H) and the modern discoverability framework.

Canadian limitation periods generally run from when the plaintiff reasonably ought to have discovered the material facts grounding their claim. The principle, articulated in Central Trust Co v Rafuse (1986), was extended in M(K) v M(H) (1992) to childhood-incest survivors, where psychological recovery often precedes legal discovery.

Most provinces have since legislated specific limitation regimes; many have removed limitations entirely for sexual-violence claims. M(K) remains the foundational authority on discoverability.

Key principles

  • Discoverability
    Time runs from when material facts were or ought to have been discovered.
  • Sexual-abuse claims
    Many provinces have legislatively removed limitations for sexual-violence claims.
  • Fiduciary breach
    M(K) suggested fiduciary claims for incest may not be subject to limitation periods at all.

Cases (1)

M(K) v M(H)

landmark
[1992] 3 SCR 6
Supreme Court of Canada· 1992· Tort