The respondent patient sued the appellant doctor for medical malpractice after he allegedly misdiagnosed her breast cancer.
The action was commenced outside the standard two-year limitation period.
The Supreme Court of Canada considered whether the running of time was postponed under s. 6(4)(b) of the Limitation Act.
The Court held that the provision requires a subjective/objective approach, postponing the limitation period until a reasonable person would conclude that the plaintiff could reasonably bring an action in light of their own serious, significant, and compelling circumstances.
The appeal was dismissed, allowing the action to proceed.