The defendants moved for summary judgment dismissing a dental malpractice action on the basis that the claims were commenced outside the two-year limitation period under the Limitations Act, 2002.
The court held that discoverability turned on when a reasonable person in the plaintiff's position knew or ought to have known the material facts necessary to allege negligence, not when formal expert reports were later obtained.
On the evidence, including the plaintiff's ongoing objectively unsatisfactory outcome and a December 13, 2011 discussion with a subsequent treating dentist explaining that the procedure should have been done differently, the court found the claims were discoverable no later than that date.
Because the actions were not commenced until January 2014, they were statute-barred and summary judgment was granted dismissing the action.
