Da Graca v. Prouse

Da Graca v. Prouse

The appeal is dismissed because the motion judge correctly found the appellant knew of her claim and damages by at least May 2012, the action issued more than two years later on September 3, 2014 and was therefore statute-barred, and there was no medical evidence of incompetence to delay discoverability.

Source-derived case information.

Citation
2017 ONCA 361
Parties
Plaintiff (appellant): Andria Da Graca; Defendant (respondent): Richard Prouse
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
4 May 2017
Procedural Posture
Civil Appeal / Appeal From Motion Judge's Summary Judgment Dismissal
Outcome
Appeal dismissed
Legal Topics
Discoverability, Limitation Period, Summary Judgment, Capacity/medical Evidence, Costs
Source Language
english
Civil Procedure Contract Law Fiduciary Duty Professional Negligence Equity Discoverability Limitation Period Summary Judgment +2 more

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Parties

Andria Da Graca

Plaintiff (appellant)

Richard Prouse

Defendant (respondent)

Procedural Posture

Civil Appeal / Appeal From Motion Judge's Summary Judgment Dismissal

Legal Issues

  1. 1 Whether the plaintiff's action was statute-barred by the two-year limitation period
  2. 2 When the cause of action was discoverable (discoverability date)
  3. 3 Whether medical evidence established incapacity that would toll or delay discoverability

Ratio Decidendi

The appeal is dismissed because the motion judge correctly found the appellant knew of her claim and damages by at least May 2012, the action issued more than two years later on September 3, 2014 and was therefore statute-barred, and there was no medical evidence of incompetence to delay discoverability.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; appellant to pay the respondent $3,500 inclusive of disbursements and applicable tax