The Limitations Act, 2002 is the Ontario statute that governs the time within which most civil claims, including medical malpractice claims, must be commenced. It establishes a basic limitation period of two years from the discovery of the claim and an ultimate limitation period of fifteen years from the day the underlying act or omission took place.
Section 5 of the Act sets out the discoverability analysis that determines when the basic period begins to run, including when the plaintiff first knew or ought reasonably to have known that the injury was caused by the defendant’s act or omission and that a proceeding would be an appropriate means to seek a remedy. The Act also postpones the running of time for minors and for persons who are incapable of commencing a proceeding. Estate claims are governed instead by the separate limitation provisions of the Trustee Act.
Posts tagged Limitations Act analyze Ontario decisions applying the statute to the timing of medical malpractice claims, with particular attention to discoverability under section 5.
A motion to extend the time for service of a malpractice claim was denied. Two key defence witnesses had died or become incapacitated during the delay.
A young mother left in a permanent vegetative state after C-section. The court found anesthesiology negligence but accepted that an amniotic fluid embolism was the unavoidable cause.
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