Ontario court summarily dismisses medical malpractice action commenced beyond limitation period
The defendants denied negligence. In June 2019, they served an expert report contending that the doctor’s techniques complied with the standard of care in Ontario and that the surgery likely did not cause the conditions the patient attributed to it. The plaintiffs failed to present an expert report despite the defendants’ requests.
In July 2020, the defendants filed a motion for summary judgment to dismiss the plaintiffs’ action because the action was initiated eleven months beyond the two-year statutory limitation period prescribed by the Limitations Act, 2002 and because the plaintiffs failed to produce an expert report to substantiate their claims of negligence in the medical malpractice action.
The plaintiffs obtained an adjournment, submitting that the patient had gone to Nigeria to gather evidence supporting his action, then was unable to return due to COVID-19-related quarantine measures and travel restrictions.
The defendants requested a timeframe from the plaintiffs for rescheduling the motion. Upon receiving none, the defendants later followed up on this request, citing the reports that international flights from Nigeria would resume on Aug. 29, 2020. The defendants warned that a date would be booked unilaterally if the plaintiffs failed to respond, thus scheduling the motion to be heard in March 2021.
In the present case, the Superior Court of Justice of Ontario exercised its discretion to refuse the plaintiffs’ request for a further adjournment, allowed the defendants’ motion for summary judgment and issued a summary judgment dismissing the plaintiffs’ action. The court said that there was no genuine issue for trial on the limitations defence. The defendants’ motion allowed the court to make the necessary findings of fact, apply the law to the facts, and achieve a just result through proportionate, more expeditious and less expensive means.