The plaintiff, who was rendered paraplegic following spinal surgery, brought a motion to amend his statement of claim to add his former family doctor and chiropractor as defendants, and to add new allegations against the defendant surgeon.
The surgeon brought a cross-motion to dismiss the action for delay.
The court dismissed the cross-motion, finding the delay was not contumelious and caused no actual prejudice.
The court denied the plaintiff's request to add new allegations against the surgeon, ruling they were statute-barred new causes of action.
However, the court allowed the addition of the family doctor and chiropractor, finding the claims against them were not reasonably discoverable until the plaintiff's counsel obtained and reviewed the family doctor's medical chart.
