The appellant was injured in a 1991 car accident and commenced an action in 2004.
He argued the discoverability principle postponed the limitation period until May 2002, when he realized his injuries met the threshold.
The trial judge rejected this, finding the appellant ought to have known his injuries were serious and permanent well before 2002.
The Court of Appeal upheld the trial judge's findings, noting the appellant's constant pain and inability to work, and dismissed the appeal.
