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Peixeiro v Haberman, [1997] 3 SCR 549

Facts:

Action was commenced 3 yrs and 9 months after accident. P was injured in car accident. P later got in to another accident and brought action against that person and D at the same time. P didn’t learn about injury that resulted from accident until 3 yrs after the first accident. 4 yrs had elapsed between accident and time of claim

Issue(s):

Does the discoverability principle apply to postpone the commencement of a 2yr limitation period?

Ratio:

Time ran from time he knew or could have reasonably known he had a serious permanent injury (act in this case said could only sue if you had a permanent and serious injury)

Analysis:

Ignorance of or mistake as to the extent of damages does not delay time under a limitation period
**Once P knows some damage has occurred and has indentified tortfeasor, the cause of action has accrued
**Neither the extent of damage nor the type of damage need be known

Cause of action under s.206 does not arise unless the injury meets the statutory exceptions set out in the Insurance Act
**Discoverability rule has been applied by the Court even to statutes of limitation in which plain construction of the language used would appear to exclude the operation of the rule (Kamloops)
**Time under s.206 does not begin to run until it is reasonably discoverable that the injury meets the threshold of s.266(1)

Short limitation periods indicate that the legislature put a premium on their function as a statute of repose

Holding:

The cause of action was not reasonably discoverable until P found out 3 yrs after accident

Comments:

Limitation clock does not begin to run until the P can make the factual connection between the Ds fault and the injury suffered by the P


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