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Section 5(1)(a)(iv) of the Limitations Act, 2002: When Alternate Means of Recovery Delays the Running of the Clock
June 7, 2017
In the recent decision of Presidential MSH Corporation v Marr Foster & Co LLP, 2017 ONCA 325, the Ontario Court of Appeal further clarified the discoverability principle pursuant to section 5 of the Limitations Act, 2002 with respect to the “appropriate means” element. Specifically, a proceeding may not be “legally appropriate” as required under section