The appellant appealed a summary judgment dismissing their action against the respondent doctor.
The Court of Appeal allowed the appeal, finding that summary judgment is generally inappropriate when the rule of discoverability is central to a limitation issue and facts are in dispute.
Furthermore, the court held that a claim for breach of fiduciary duty is not related to a claim for malpractice in respect of professional services and is therefore not subject to the limitation period in the Regulated Health Professions Act.
