A claim is discovered when all of the requirements in s. 5(1) of the
Limitations Act, 2002, S.O. 2002, c. 24, Sch. B have been met.
 Section 5(1) provides that a claim is discovered and the
limitation period begins to run on the earlier of
5(1)(a) the day on which the person with the claim first knew,
( i) that the injury, loss or damage had occurred,
( ii) that the injury, loss or damage was caused by or contributed to
by an act or omission,
( iii) that the act or omission was that of the person against whom
the claim is made, and
( iv) that, having regard to the nature of the injury, loss or damage, a
proceeding would be an appropriate means to seek to remedy it;
(b) the day on which a reasonable person with the abilities and in the
circumstances of the person with the claim first ought to have
known of the matters referred to in clause (a).
 It is agreed that as of March 7, 2013, the requirements of
s. 5(1)(a)( i), ( ii) and ( iii) were met as Ms. Penttila knew that
(a) a decision was made based on a change in the applicable def-
inition of total disability (s. 5(1)(a)( i));
(b) a denial of continuing LTD benefits was based on Western’s
determination that Ms. Penttila would be able to perform the
duties of more sedentary work (s. 5(1)(a)( ii)); and
(c) Western was no longer paying Ms. Penttila LTD benefits
because it no longer recognized Ms. Penttila as entitled to
receive LTD benefits (s. 5(1)(a)( iii)).
 The only issue in dispute on the motion for summary
judgment was whether Western could establish that there was no
genuine issue requiring a trial as to “when it would be appropriate
[for Ms. Penttila] to seek a remedy” within the meaning of
s. 5(1)(a)( iv) of the Limitations Act, 2002.
The Motion Judge’s Decision
 The motion judge ruled that the claim was not statute-barred and that a trial was necessary to determine, among other
issues, the date the claim was discovered. The motion judge held
that neither February 19, 2013, nor March 7, 2013, were the dates
on which the limitation clock started. Instead, he determined that
October 21, 2014, or June 18, 2015, were the applicable dates, and
as a result, the statement of claim was issued in time.