Catharine Blastorah

The defendant brought a motion for summary judgment to dismiss the plaintiff's medical malpractice action on the basis that the limitation period had expired.

The defendant argued the plaintiff discovered the claim when he learned a nerve had been cut during surgery.

The court found that knowledge of a cut nerve, without reason to believe it was more than an unfortunate surgical outcome, was insufficient to start the limitation period.

The defendant's motion was dismissed, and partial summary judgment was granted to the plaintiff dismissing the limitation period defence.

The plaintiff, a 25-year-old university student, was kidnapped, forcibly confined, and sexually assaulted by the defendant, a store clerk, after she entered a health food store.

The defendant was noted in default in this civil action after being convicted criminally and designated a dangerous offender.

The court assessed damages, awarding the plaintiff $225,000 in general and aggravated damages, $75,000 in punitive damages, $827,957 for past and future income loss, and $125,000 for future care costs, plus substantial indemnity costs.