The appellants appealed a summary judgment dismissing their negligence action against a pharmacist and pharmacy as statute-barred under the one-year limitation period in s. 89(1) of the Regulated Health Professions Act, 1991.
The Court of Appeal allowed the appeal, finding the respondents failed to plead or provide evidence that the individual pharmacist was a member of the Ontario College of Pharmacists, which is required for the limitation period to apply.
Furthermore, there was a live issue regarding whether the corporate defendant could claim the protection of the limitation period, meaning summary judgment was improperly granted.
