Dr. Oyenubi et al. ats HawthornePosted May 5, 2016
2016 ONCA 10; Lerners represented the Respondents in this appeal of a dismissal on summary judgment. The action arose out of the administration of steroids to the Appellant while she was in the hospital in October 2009. The nineteen Respondent physicians successfully moved for summary judgment on the grounds that the limitation period had run out and thus that the Appellants’ claim was statute barred. The Court of Appeal upheld the dismissal of the action, as the Appellants had failed to adduce evidence sufficient to rebut the discoverability presumption in the Limitations Act, 2002.