The appellant appealed an order striking her statement of claim for professional negligence and medical malpractice against several dental surgeons.
The motion judge found the claim was statute-barred under the Limitations Act, 2002, as the appellant commenced the action nearly five years after the presumptive expiry of the limitation period.
The Court of Appeal dismissed the appeal, finding the appellant's own pleadings and correspondence contradicted her argument that she did not discover her claim in 2006, and there was no basis to grant leave to amend a statute-barred claim.
