The defendant neurologist brought a motion for summary judgment seeking dismissal of a medical negligence claim as statute‑barred under the Limitations Act, 2002.
The plaintiffs alleged negligence arising from emergency room treatment preceding a stroke, asserting that the neurologist consulted during the visit may have contributed to the failure to diagnose and treat.
The defendant argued the claim was commenced more than two years after the plaintiffs knew or ought to have known the material facts supporting the claim.
The court held that discoverability was complex in the circumstances due to conflicting expert opinions and uncertainty regarding the neurologist’s role, and concluded that a genuine issue requiring a trial existed.
The motion for summary judgment was therefore premature.
