Stephen W. Ronan

The defendant physician moved for summary judgment dismissing a medical malpractice action arising from the removal of surgical staples following knee surgery.

The plaintiff alleged the doctor negligently broke a staple during removal, causing pain and infection.

The court held the claim was discovered in 2011 when the plaintiff believed the procedure had been performed improperly and sought medical treatment, triggering the two‑year limitation period under the Limitations Act, 2002.

Because the action was commenced in October 2014, it was statute‑barred.

The court further held that the plaintiff’s failure to produce expert medical evidence on the standard of care and causation independently justified summary judgment.

The applicant alleged discrimination and reprisal on the basis of disability against her employer school board and the doctor who conducted an independent medical examination.

The Tribunal held a summary hearing to determine if the application had a reasonable prospect of success.

The Tribunal found the applicant provided no evidence linking the doctor's assessment or the school board's actions, including a request for an ergonomic assessment and a letter regarding a salary overpayment, to her disability or to an assertion of her Code rights.

The application was dismissed for having no reasonable prospect of success.