Laura B. Stewart

The defendant moved for summary judgment to dismiss a medical negligence claim, arguing it was brought outside the two-year limitation period.

The plaintiff contended that the claim was not discovered until an expert medical opinion was obtained.

The court found that the plaintiff had actual knowledge of the material facts supporting a plausible inference of liability as early as mid-February 2013, and no later than October 2013, well before the claim was issued in August 2017.

The expert opinion merely addressed the merits, not the discoverability.

The motion was granted, and the claims were dismissed.

The plaintiffs in a medical malpractice action appealed a Master's decision upholding a defendant doctor's refusal to answer certain hypothetical questions during his examination for discovery.

The Superior Court of Justice dismissed the appeal, finding that the Master correctly ruled that the doctor was not required to answer hypothetical questions based on factual premises he disputed, nor questions that indirectly asked him to opine on the standard of care or decisions of other medical professionals involved in the infant plaintiff's care.

The appellant appealed a decision of the Consent and Capacity Board confirming the renewal of a Community Treatment Order under the Mental Health Act.

The appellant argued that the tribunal failed to determine his capacity to consent to treatment at the time of the mandatory review and that, if he had regained capacity, the substitute decision maker’s prior consent would be invalid.

The court held that the tribunal was required to consider capacity as part of the statutory review criteria and found that it had done so.

The tribunal reasonably concluded that the appellant lacked the ability to understand and appreciate the consequences of refusing treatment, based primarily on medical evidence regarding persistent delusional beliefs and lack of insight into illness.

The tribunal’s reasoning was adequate and entitled to deference as a specialized body.

The appeal was dismissed.