The plaintiff sought to add an orthopaedic surgeon as a co-defendant to a medical malpractice action nearly ten years after the surgery, alleging that the surgeon fraudulently concealed an intraoperative event.
The Master granted the motion to add the surgeon with leave to plead a limitation period defence.
On appeal, the Superior Court of Justice set aside the Master's order, finding that the plaintiff and his counsel knew or ought to have known of the potential claim against the surgeon shortly after the surgery.
The court held that there was no fraudulent concealment and that the claim against the surgeon was statute-barred.
