Is the appellant's action barred by The Statute of Limitations? Reasons of the court LeDain J wrote the reasons for the majority. On the first issue, he held that the duty in tort and in contract are two entirely separate duties and can be held concurrently by a defendant. On the limitations issue, it was held that the plaintiffs were not statute-barred from commencing an action. The commencement of the limitation period was postponed pursuant to the common law "discoverability principle": "A cause of action arises for purposes of a limitation period when the material facts on which it is based have been discovered or ought to have been discovered by the plaintiff by the exercise of reasonable diligence." References External links Canadian tort case law Supreme Court of Canada cases 1986 in Canadian case law