SCC File No - Wagners

11
D) Discoverability - When Does the Clock Start Ticking?
50. As noted in M. (K) v. M (H), a sensible application of the discoverability rule requires
that the plaintiff have "a substantial awareness of the harm and its likely cause before the
limitation period begins to toll" [emphasis added]. The cause of action crystallizes when the
victim fully discovers the connection between:
• The harm and psychological injuries suffered; and
• The childhood history of sexual abuse.
Ref: M(K) v. M(H), supra at 30 [Tab 6B]
51. Justice LaForest notes that the key question is
• When does the victim become fully cognizant of who bears responsibility for
the childhood abuse? [emphasis added] Only then does the victim realize the
nature of the wrong done.
A victim is fully cognizant when he stops blaming himself and recognizes who was really
responsible for the sexual abuse. This redirection of responsibility results in an awareness of the
causal connection between his childhood history and resulting injuries.
Ref: M(K) v. M(H), supra at 44,47 [Tab 6B]
52. The motions judge Goodfellow makes several missteps, which could have a devastating
impact on the ability of childhood sexual abuse victims to hold their abusers accountable.
Contrary to his assertion, the limitation period clock does not (and should not) start ticking when:
• The victim recognizes that the sexual abuse is wrong;
• The victim tells someone about the abuse; or
• The victim remembers the abuse clearly.
Such claims are dubious at best and serve only to revictimize the victims. For example, the
motions judge notes Robert was able to tell a few individuals about his abuse and that "this tends
to indicate that you are a person capable of commencing proceedings". Yet if this contention
holds true, then victims of sexual abuse will be further discouraged from seeking help and
discussing their abuse in order to fully understand the injuries they have suffered.
Ref: Summary Judgment Borden at 45 [Tab 3A]
E) A Perversion of Purposes - Statutes of Limitations and a Short-sighted Application of
Discoverability