Judgment Released: May 13, 2010 Link to Judgment
In a medical malpractice action, the defendant brought a motion for summary judgment to dismiss the plaintiff’s claim as statute-barred, on the basis that the one-year limitation period prescribed in the Health Professions Procedural Code had not been complied with. In granting the defendant’s motion, the Court stated that one consequence of the new powers exercisable by a motion judge under new Rule 20 is an enhanced ability to determine discoverability issues because the fact-finding restrictions under old Rule 20 had been removed, or at least “significantly loosened”. The Court reviewed and assessed the plaintiff’s evidence on examination for discovery and determined that she knew the material facts relating to her claim within the one-year timeframe set out in the Health Professions Procedural Code, and that she further knew she had until the first anniversary of the surgery to commence a lawsuit. The Court granted the motion, concluding that there was no genuine issue requiring a trial on the issue of discoverability, and accordingly the action was statute-barred.