Legal Blog

Discovery RPLA

Browne v. Meunier 2023 Ont CA

The court held that the common law discovery principle applied to a claim under the Real Property Limitations Act regardless that the specific discovery principles are not outlined in that Act – as is done in the Limitations Act, 2002. However, the court also held that the claimant’s predecessor in title ought reasonably to have discovered the problem and that discovery occurred when the predecessor ought to have known, not when the claimant knew or ought to have known. As a result, fraudulent conveyances, which are governed by the RRPLA, are subject to the discovery principle.

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.