Limitation periods are deadlines for commencing legal action. In Ontario medical malpractice cases, the basic framework is set by the Limitations Act, 2002, which establishes a general two-year limitation period running from the day the plaintiff first knew, or ought to have known, the basic facts that ground the claim. The discoverability principle in section 5 of the Act is the most heavily litigated aspect of medical malpractice limitations analysis, because patients often do not know that an adverse outcome was caused by negligent care until well after the outcome itself.
The Act also contains an ultimate fifteen-year limitation period in section 15, postponements for minors and incapable persons in sections 6 and 7, and exceptions for certain proceedings in section 16. The postponement for minors is particularly important in birth injury cases, where the limitation period does not begin to run against the injured child until they reach age 18, unless a litigation guardian acts earlier.
The Supreme Court of Canada’s decision in Grant Thornton LLP v New Brunswick, 2021 SCC 31, [2021] 2 SCR 829 clarified the discoverability standard, holding that a claim is discovered when the plaintiff has knowledge of the material facts on which a plausible inference of liability can be drawn against the defendant.
Posts tagged Limitation Periods analyze Ontario decisions interpreting the Limitations Act, 2002, including discoverability disputes, the application of postponement provisions, and the role of limitations in motions for summary dismissal.
Some of the most common beliefs about medical malpractice in Ontario are simply wrong, and they cut both ways: pushing some people toward hopeless claims and others away from good ones. Here are the misunderstandings I see most often, set against how the law actually works, from what counts as negligence to limitation periods, College complaints, causation, and the cap on damages.
Yes, you can sue for medical malpractice in Ontario. The harder question is whether you should. After two decades of these cases, the candid advice for many prospective clients is to think very carefully before going forward, and in some cases, not to go forward at all.
Ontario Superior Court permits late naming of physicians and home-care contractor in pressure ulcer death case, applying the misnomer doctrine to John Doe pleadings.
Most medical malpractice consultations in Ontario don’t result in lawsuits. An honest look at the four barriers that shape case evaluation in this province.
Yes, but the harder question is whether your situation supports a viable claim. An honest threshold assessment for Ontario patients considering legal action.
The College of Physicians and Surgeons of Ontario (“CPSO”) regulates the practice of medicine in Ontario. Physicians are required to be members of the CPSO to practice medicine. The role of the CPSO, its authority and powers are set out in the Regulated Health Professions Act (“RHPA”), the Health Professions Procedural Code under the RHPA and the Medicine Act.
Why screening medical malpractice cases matters at intake, and what to recommend patients when civil litigation is not economical. From a 2021 CLE panel.
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