Velgakis v. Servinis

Velgakis v. Servinis

The motion judge correctly applied the modified objective discoverability test and reasonably found that the limitation period began when the appellants refused to repair the dentures; reliance on the appellants' offer to repair postponed discovery and the action was not statute-barred, therefore the appeal is dismissed.

Citation
2017 ONCA 541
Parties
Plaintiff (respondent): Ippokratis Velgakis; Defendants (appellants): Gus Servinis; Rose T. Filipchuck; Laura Iliagviev (also known as Leora Ilia; also known as Leora Laichter) carrying on business as Papefinch Dental/Pape Finch Dental/Pape Finch Dentistry; Third Party: Diana Lam
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
27 June 2017
Procedural Posture
Civil / Appeal From Superior Court Order (motion for Summary Judgment Dismissed)
Outcome
Appeal dismissed.
Legal Topics
Summary Judgment, Statute of Limitations, Discoverability, Costs, Transfer/consolidation of Proceedings
Source Language
English
Limitations Discoverability Professional Negligence Civil Procedure Summary Judgment Statute of Limitations Costs Transfer/consolidation of Proceedings

Case Brief

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Parties

Ippokratis Velgakis

Plaintiff (respondent)

Gus Servinis; Rose T. Filipchuck; Laura Iliagviev (also known as Leora Ilia; also known as Leora Laichter) carrying on business as Papefinch Dental/Pape Finch Dental/Pape Finch Dentistry

Defendants (appellants)

Diana Lam

Third Party

Procedural Posture

Civil / Appeal From Superior Court Order (motion for Summary Judgment Dismissed)

Legal Issues

  1. 1 Whether the action was statute-barred under s.4 of the Limitations Act
  2. 2 When the claim was discovered for the purposes of the Limitations Act s.5
  3. 3 Whether reliance on defendants' repair efforts postponed the start of the limitation period

Ratio Decidendi

The motion judge correctly applied the modified objective discoverability test and reasonably found that the limitation period began when the appellants refused to repair the dentures; reliance on the appellants' offer to repair postponed discovery and the action was not statute-barred, therefore the appeal is dismissed.

Court Disposition

Appeal dismissed.

Orders

  • Respondent awarded costs of the appeal in the amount of $10,000 inclusive of disbursements and HST