the collected facts and method adopted by a defendant to protect against and counter a plaintiff’s action
discoverability rule
a rule that allows plaintiffs to sue outside the limitation period where the information needed to support a suit was unavailable within that period
limitation period
a period defined by statute within which a plaintiff must commence his or her claim
mitigating factor
a defence available to a defendant who was provoked into committing an alleged tort in which the court still finds the defendant liable, but may reduce the damages to reflect the plaintiff’s share of fault
provocation
a defence available to a defendant who was faced with a sudden act or an insult that would make a reasonable person lose self-control
self-defence
justifiable self-protection when a person reasonably perceives a threat and responds in a reasonable manner
waiver
1. a voluntary agreement to relinquish a right, such as a right under a contract 2. a form of express written consent