The appellants appealed an order dismissing their medical malpractice action on a motion for summary judgment because it was commenced outside the one-year limitation period under the Health Professions Procedure Code.
The appellants argued the motion judge erred by refusing to consider medical evidence acquired after the action was commenced.
The Court of Appeal dismissed the appeal, agreeing that the relevant period for the discoverability doctrine is before the action is commenced, and the appellants knew or should have known the material facts to base their claim prior to the expiry of the limitation period.
