M. Cook

The appellant physician appealed an interlocutory order granting the plaintiff leave to amend his Statement of Claim to add a novel claim in negligence against her.

The plaintiff alleged the physician owed him a duty of care when she provided psychiatric advice to a patient regarding the plaintiff, an unidentified third party.

The Divisional Court allowed the appeal, finding it plain and obvious that no prima facie duty of care existed due to a lack of proximity, and that residual policy considerations, including conflicting duties and the chilling effect on physicians, negated any such duty.

The defendant brought a motion for summary judgment to dismiss the plaintiffs' claim for breach of warranty regarding defective windows and doors, arguing the claim was statute-barred.

The plaintiffs had purchased the products in 2008 and experienced leaking by 2010.

Despite ongoing repair attempts by the defendant, the plaintiffs wrote a letter in March 2012 threatening immediate legal action if the windows were not replaced.

The court found this letter demonstrated the plaintiffs knew litigation was an appropriate remedy at that time.

Because the action was not commenced until December 2014, more than two years later, the claim was statute-barred and dismissed.