2 total
Mother's negligent investigation claim against Children's Aid Society struck as no duty of care is owed to parents.
The defendant Catholic Children's Aid Society brought a motion to strike the plaintiff mother's claim against it for negligent investigation.
The mother alleged the investigation was negligent due to a failure to provide French language translation services.
The court applied the Supreme Court of Canada's decision in Syl Apps, holding that a Children's Aid Society owes its duty to the children and owes no duty of care to the parents during an investigation.
The mother's personal claim against the Society was struck without leave to amend, though the children's claims remain.
Dental negligence claim was discovered too early to survive the limitation period.
The defendant dentist brought a summary judgment motion to dismiss a negligence action arising from allegedly faulty bridgework as statute barred under the Limitations Act, 2002.
The court held that the plaintiff knew or ought to have known the material facts underlying the claim by late May or early June 2011, when replacement treatment was recommended, reimbursement was demanded, and a regulatory complaint was threatened.
The plaintiff's later reliance on the professional regulator's decision did not postpone discoverability because knowledge of legal negligence is not required to start the limitation period.
Summary judgment was granted and the action was dismissed as out of time.
