As a general rule, injured people are required to sue within two years of the date of the incident giving rise to their lawsuit. This two year “limitation period” is prescribed by the Limitations Act, 2002. The Act states that a proceeding shall not be commenced in respect of a claim after the second anniversary of the day on which the claim was “discovered.” Generally speaking, a claim is said to be discovered on earlier of (a) the day the person first knew that he or she had a claim, or (b) the day the person ought to have known that he or she had a claim. The Act also states that a person is presumed to have known that he or she had a claim on the day the incident took place unless proven otherwise.
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