Does the discoverability principle apply to medical malpractice cases?

Ontario, Canada


The following excerpt is from Maritime Life Assurance Company v. Anderson, 2005 CanLII 35230 (ON SC):

Obviously while the discoverability principle operates to provide fairness to a plaintiff who was not fully apprised of the material facts upon which a negligence claim could be based, the plaintiff is nonetheless required to act with due diligence once the basic facts are known, including requesting and receiving a medical opinion so as not to delay the commencement of the limitation period: See Soper v. Southcott (supra), referred to in McSween v. Louis, (supra), at para. 46.

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