Does the limitation period run from the date of the relationship end?

Ontario, Canada


The following excerpt is from Novello v Glick, 2016 ONSC 975 (CanLII):

The Deputy Judge did not consider whether the facts before him fell within the circumstances considered in Tremain v. Muir or Brown v. Baum. He simply stated his view that the limitation period runs from the date the relationship ended. This is an error in law because there is no blanket rule that in all medical malpractice cases, the limitation period runs from the date the relationship ends.

Further, if the Deputy Judge had considered whether the facts before him engaged the examples in Tremain v. Muir or Brown v. Baum, the result would have been obvious. There are no facts in this case that would support a finding that the limitation period should not start to run until the doctor patient relationship terminated.

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