The decision in Rawsthorne v. Marotta confirms that s. 31 of the Public Hospitals Act is not subject to the common law principle of discovery:
[30] The case law is clear that the s. 31 limitation period is not subject to the principle of discoverability. The provision is mandatory in its wording and it runs from the day the patient ceases to receive treatment at the hospital or from the patient’s discharge from the Hospital.[11]
As this limitation period is no longer in force, this point is largely (but, as the decision demonstrates, not entirely) academic.