Fehr v Jacob and Another

(1993) 4 Med LR 299

MANITOBA COURT OF APPEAL

Justice SCOTT, Justice PHILP, and Justice TWADDLE

Limitation of action — Knowledge — Bladder surgery performed in April 1976 — Plaintiff suffered pain from 1976 to 1987 — Second operation performed — Source of pain discovered, during second operation, as old calcified suture allegedly left in plaintiff during first operation. — Limitation period — Cause of action had to be commenced within two years of termination of professional services — Manitoban Medical Act RSM 1987, cM 90, section 61 — Legal proceedings filed in September 1988 — Whether plaintiff statute barred — Whether plaintiff could rely on discoverability rule — Manitoban Limitation of Actions Act RSM 1987 cL150, section 14(1) — Whether judge was correct to dismiss plaintiff's application to “commence and continue” case