The appellant physician performed surgery on the respondent in 1969.
In 1979, a retained suture was discovered and removed.
The respondent brought a medical malpractice action.
Under the legislation in force in 1969, the limitation period expired one year after the termination of medical services.
In 1974, new legislation introduced a discoverability rule.
The Supreme Court of Canada held that the new limitation period did not apply retrospectively to revive a claim that was already statute-barred under the previous legislation.
The appeal was allowed and the action was declared barred.
