Court File and Parties

Citation: Liu v. Silver, 2010 ONCA 731

Date: 2010-11-02

Docket: C52108

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

[1] The 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.

[2] On 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.

[3] Appeal dismissed. Costs to the respondent fixed at $7,500 inclusive of disbursement and taxes.