2 total
Limitation period for medical malpractice did not commence while doctor continued good faith ameliorative treatments.
The appellant doctor appealed a decision dismissing his summary judgment motion to dismiss the respondent's medical malpractice action as statute-barred.
The respondent suffered severe complications following breast reduction surgery, and the appellant continued to perform ameliorative surgeries for over a year.
The Court of Appeal upheld the motion judge's finding that under s. 5(1)(a)(iv) of the Limitations Act, 2002, the respondent did not know that a legal proceeding would be an appropriate means to seek a remedy until the ameliorative treatments concluded.
The appeal was dismissed.
Application for judicial review of interim Human Rights Tribunal decisions dismissed as premature.
The applicants sought judicial review of two interim decisions of the Human Rights Tribunal of Ontario regarding a workplace discrimination complaint.
The Tribunal had denied the applicants' request to dismiss the complaint for being outside the limitation period, finding that the allegations constituted a series of incidents.
The Divisional Court dismissed the application for judicial review as premature, holding that the Tribunal's decisions were interlocutory and that there were no exceptional circumstances to justify fragmenting the administrative proceedings.
