21 total
The court dismissed the dentist's summary judgment motion on discoverability but granted the hospital's motion based on an absolute limitation period.
This dental malpractice action involved two summary judgment motions based on limitation periods.
The defendant dental surgeon, Dr. Harper, argued the action was time-barred by the one-year limitation period in the Health Professions Procedural Code.
The defendant Hospital relied on the two-year limitation period in the Public Hospitals Act.
The court dismissed Dr. Harper's motion, finding a genuine issue for trial regarding the plaintiff's discoverability of biological hazards.
However, the Hospital's motion was granted, as its limitation period was not subject to discoverability and had expired years before the action was commenced.