The defendants brought a motion under Rule 21.01(1)(a) of the Rules of Civil Procedure seeking dismissal of a medical negligence action arising from the death of a patient in hospital.
The plaintiffs commenced the action more than two years after the deceased’s death and argued that discoverability and fraudulent concealment should extend the limitation period because the alleged negligence was not discovered immediately.
The court held that s. 38(3) of the Trustee Act imposes a strict two‑year limitation period running from the date of death with no discoverability exception.
As the action was commenced outside that period, the estate’s claim was statute‑barred.
The derivative claims under the Family Law Act were also barred.
