{"id":797,"date":"2018-07-05T08:48:43","date_gmt":"2018-07-05T12:48:43","guid":{"rendered":"http:\/\/limitations.ca\/?p=797"},"modified":"2018-07-05T08:58:50","modified_gmt":"2018-07-05T12:58:50","slug":"ontario-s-51aiv-and-doctor-patient-relationships","status":"publish","type":"post","link":"http:\/\/limitations.ca\/?p=797","title":{"rendered":"Ontario: s. 5(1)(a)(iv) and doctor-patient relationships"},"content":{"rendered":"<p>The decision in <a href=\"http:\/\/canlii.ca\/t\/hslf2\" target=\"_blank\"><em>Kram v. Oestreicher<\/em><\/a> is an example of a circumstance where a proceeding did not become an appropriate remedy while a doctor was attempting to remedy his error:<\/p>\n<blockquote>\n<p class=\"MainParagraph\">[<a class=\"paragAnchor\" name=\"par125\"><\/a>125]\u00a0\u00a0 \u00a0\u00a0\u00a0In my view, the circumstances here are analogous to those before the Court of Appeal in both\u00a0<i>Presidential MSH Corporation<\/i>\u00a0and\u00a0<i>Brown v. Baum<\/i>. Assuming that I had concluded that Oestreicher was civilly liable for the manner in which the June 15, 2009 surgery was carried out, he was engaged in good faith efforts to remedy any damage caused for at least the next 14 months. This was reflected in the three subsequent surgeries he performed, the last of which occurred on August 17, 2010. Moreover, it is clear that Kram was relying on Oestreicher\u2019s superior knowledge and expertise throughout this time period.<\/p>\n<p class=\"MainParagraph\">[<a class=\"paragAnchor\" name=\"par126\"><\/a>126]\u00a0\u00a0 \u00a0\u00a0\u00a0In my view, it would have been premature, and therefore inappropriate, for Kram to have commenced a legal action while Oestreicher\u2019s good-faith efforts to remedy any negative effects from the June 15, 2009 surgery were ongoing. I conclude that the two-year limitation period in respect of her claims began to run, at the earliest, on August 17, 2010. She commenced this proceeding within two years of that date. Accordingly, Kram\u2019s claims are not barred by the operation of the\u00a0<i>Act<\/i>.<\/p>\n<\/blockquote>\n<p>&nbsp;<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The decision in Kram v. Oestreicher is an example of a circumstance where a proceeding did not become an appropriate remedy while a doctor was attempting to remedy his error: [125]\u00a0\u00a0 \u00a0\u00a0\u00a0In my view, the circumstances here are analogous to those before the Court of Appeal in both\u00a0Presidential MSH Corporation\u00a0and\u00a0Brown v. Baum. Assuming that I &hellip; <a href=\"http:\/\/limitations.ca\/?p=797\" class=\"more-link\">Continue reading <span class=\"screen-reader-text\">Ontario: s. 5(1)(a)(iv) and doctor-patient relationships<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[85,144,9,193,45,485],"class_list":["post-797","post","type-post","status-publish","format-standard","hentry","category-ontario","tag-appropriateness","tag-discoverability-principles","tag-discovery","tag-legal-appropriateness","tag-ontario-act-s-51aiv","tag-umm-doctor"],"_links":{"self":[{"href":"http:\/\/limitations.ca\/index.php?rest_route=\/wp\/v2\/posts\/797","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/limitations.ca\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/limitations.ca\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/limitations.ca\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/limitations.ca\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=797"}],"version-history":[{"count":3,"href":"http:\/\/limitations.ca\/index.php?rest_route=\/wp\/v2\/posts\/797\/revisions"}],"predecessor-version":[{"id":806,"href":"http:\/\/limitations.ca\/index.php?rest_route=\/wp\/v2\/posts\/797\/revisions\/806"}],"wp:attachment":[{"href":"http:\/\/limitations.ca\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=797"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/limitations.ca\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=797"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/limitations.ca\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=797"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}