The appellant appealed the dismissal of his personal injury action, which was found to be statute-barred due to the two-year limitation period.
The motion judge concluded that the appellant's injuries were discoverable well within the limitation period.
The Court of Appeal dismissed the appeal, finding no reversible error in the motion judge's application of discoverability principles under the Limitations Act and the threshold for serious and permanent impairment under the Insurance Act.
The Court clarified that formal medical opinions required for a threshold motion are not necessary to trigger the limitation period.
