7.3: Summary Judgment (Application and decision)

Case Summary

The Defendant brought a Summary Judgment Application for dismissal of the Plaintiff’s Claim, pursuant to section 3(1)(a) of the Limitations Act, RSA 2000, c L-12.

The Action involved a negligence Claim against a Dentist. The dental services were provided between April 26, 2007 and January 30, 2008. The Plaintiff made a complaint to the Alberta Dental Association and College (“ADA & C”) and the complaint was dismissed on May 1, 2009. The Plaintiff commenced the Action on June 3, 2010.

The Plaintiff claimed that she did not know her injuries were caused by the Dentist prior to May 1, 2009, because she was waiting to hear what the ADA & C concluded. However, she had written complaint letters to the ADA & C, within the first four months of 2008, which showed the Action was commenced more than two years after the Plaintiff knew or ought to have known that the injuries had occurred. Master Mason dismissed the Plaintiff’s Claim.

View CanLII Details