The appellants appealed a decision dismissing their medical negligence action as statute-barred under s. 38(3) of the Trustee Act.
The action was commenced more than two years after the deceased's death.
The appellants argued the limitation period should be tolled due to fraudulent concealment by the respondent hospital and doctors regarding the deceased's INR results.
The Divisional Court dismissed the appeal, finding that the statement of claim and affidavit evidence did not plead facts sufficient to establish fraudulent concealment, but rather attempted to assert discoverability, which does not apply to s. 38(3).
