The appellant underwent breast augmentation surgery and subsequently experienced complications.
She consulted another plastic surgeon who advised her that the initial surgery was performed below the standard of care and that she should contact a lawyer.
The appellant delayed commencing her action until she received a formal written expert report, by which time the one-year limitation period under the Health Professions Procedural Code had expired.
The Court of Appeal upheld the motion judge's summary judgment dismissing the claim, finding that the appellant had discovered the material facts necessary to base an allegation of negligence during her initial consultation with the second surgeon, and did not need to wait for a formal written opinion or her medical charts to discover her claim.
