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.
