In its March 26, 2020 decision of Province of New Brunswick v. Grant Thornton, 2020 NBCA 18, the New Brunswick Court of Appeal expanded the “discoverability principle” as enumerated in s. 5 of the New Brunswick Limitation of Actions Act, SNB 2009, c L-8.5. Section 5(2) holds that, for general limitation periods, a claim is discovered on the day on which the claimant first knew or ought reasonably to have known:
- that the injury, loss or damage occurred,
- that the injury, loss or damage was caused by or contributed to by an act or omission, and
- that the act or omission was that of the defendant.