The appellants sought a rehearing of an appeal regarding the enforcement of a foreign judgment, arguing that the discoverability principle under section 48 of the former Limitations Act did not apply because the respondent knew or ought to have known the appellants lived in Ontario.
The Court of Appeal dismissed the appeal, finding that the appellants' frequent moves and alleged concealment of their address created a genuine issue for trial regarding when the respondent ought to have known of their residence in Ontario.