What is the limitation period for making a Statement of Claim?

The plaintiff relies on the statement in this decision that determination of whether “a person has discovered a claim is a fact based analysis” (at paragraph 23). In this regard, the plaintiff submitted that to have commenced an action before July of 2016, the plaintiff would have been required to make allegations that he did not believe to be true. I agree. In the Lawless v. Anderson matter, the plaintiff had breast augmentation surgery in June, 2003 and was advised following that by the defendant that a second surgery was required to correct the first. She sees another plastic surgeon in November, 2003 who identified specific problems with how the surgery was inadequately performed. However, the plaintiff did not issue her Statement of Claim until receipt of a written opinion in June, 2005. This was more than one year before the one year limitation period the parties agreed applied at that time.