Five patients of Dr. Cathy Frank, an obstetrician and gynecologist, brought separate actions for medical negligence and breach of fiduciary duty.
The actions were commenced between September 2012 and August 2013, outside the two-year limitation period under the Limitations Act, 2002.
The defendants moved for summary judgment on the basis that the claims were statute-barred.
The motion judge granted the motions, finding that the plaintiffs had not acted with reasonable diligence to discover their claims.
The plaintiffs appealed, arguing that the motion judge erred in interpreting the discoverability principle and that a press release issued in November 2011 by counsel for the plaintiffs should have restarted the limitation period.
The Court of Appeal dismissed the appeals, upholding the motion judge's decision.
