It is a settled principle of discoverability that knowledge of liability is not necessary to commence the limitation period. We now have a succinct statement of this principle from the Court of Appeal in Lochner v. Toronto, 2015 ONCA 626:
The fact that Mr. Lochner does not know whether the defendants are culpable or liable for the disclosure does not prevent the limitation period from running. Knowledge of liability on the part of the injured person is not part of discoverability for the purposes of the running of the limitation period. It is the lawsuit itself which is the process by which liability for an act is determined.
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