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Canada Case Law

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Limitation of actions [1992] 3 SCR 6

M.(K.) v. M.(H.)

The Supreme Court of Canada held that incest by a parent is both assault and battery and a breach of fiduciary duty, and that limitation periods run only when the plaintiff can reasonably discover the wrong and its cause.

  • Reasonable discoverability principle
  • Statute of limitations (limitations act)
  • Laches/acquiescence
  • Accrual of cause of action
  • Remedies (damages and punitive)
  • Reasonable-discoverability
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.