The appellants appealed a summary judgment dismissing their medical malpractice action against the respondent family physician.
The appellants alleged the respondent over-prescribed narcotics, causing the appellant husband's addiction.
The motions judge dismissed the action as statute-barred under the one-year limitation period in the Regulated Health Professions Act, finding the appellants knew the material facts when they complained to the College of Physicians and Surgeons over two years before commencing the action.
The Court of Appeal upheld the decision, finding the discoverability rule did not postpone the limitation period as the appellants were aware of the material facts and did not require an independent medical opinion to commence the action.
