Doctrine of fraudulent concealment

Region: Ontario Answer # 1531

The doctrine of fraudulent concealment is an equitable doctrine. Because it is based in equity, it means that the courts can apply equitable principles, such as fairness, to delay the start of the limitation period and give victims more time to begin a claim. This is an important doctrine as one of the basic goals of the fraudster is to hide the fraud and keep the victim from knowing what has happened for as long as possible.

According to this doctrine, the limitation period will not begin to run until the earlier of the following dates:

  • the date on which the victim actually discovers the fraud, or
  • the date it is considered that the victim, with reasonable diligence, ought to have discovered their loss.

If you discover you are a victim of fraud, it is a good idea to contact a fraud recovery expert for advice.


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