The appellant commenced a negligence action against the respondent dentists for substandard dental implant procedures.
The respondents successfully moved for summary judgment, arguing the action was statute-barred under the Limitations Act, 2002.
On appeal, the appellant argued the motion judge erred in applying the discoverability test.
The Court of Appeal dismissed the appeal, finding the claim was discoverable when the appellant's new dentist explained the nature of the problem and advised he would have conducted the procedure differently, which occurred more than two years before the action was commenced.
