The appellants appealed a summary judgment dismissing their medical malpractice action as statute-barred under the two-year limitation period in section 4 of the Limitation Act.
They argued the motion judge conflated fraudulent concealment with discoverability.
The Court of Appeal dismissed the appeal, finding the cause of action was discoverable when counsel received OHIP reports, and the appellants failed to investigate for 28 months before filing their claim.
