Court File and Parties
Court of Appeal for Ontario
Before: Sharpe, Rouleau and Epstein JJ.A.
Between:
Li Liu and Mingxia Liu Plaintiffs/Appellants
and
Michael Silver, Ian Salter, the Nurses Jane Doe and the Scarborough Hospital Defendants/Respondents
Counsel:
Doug Wright, for the appellant
Christine L. Lonsdale and E. Richler, for the respondents
Heard: October 29, 2010
On appeal from judgment of Justice Beth Allen of the Superior Court of Justice dated April 15, 2010.
Appeal Book Endorsement
1The motion judge found on a fact that before the appellant was discharged from the hospital on September 3, 2004, she knew that she had suffered an injury as a result of a surgical procedure performed by the respondent to which she had not consented. She knew from that point that litigation was an appropriate avenue to seek redress and she immediately sought legal advice with pursuing a claim against him.
2On these findings which were amply supported by the appellant’s own evidence, the motion judge did not err in concluding that the two year limitation period began to run from September 3, 2004. As the action was not commenced within the two year period, the motion judge properly granted summary judgment dismissing the action.
3Appeal dismissed. Costs to the respondent fixed at $7,500 inclusive of disbursement and taxes.
