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Limitation Period Cannot Start Until Professional Relationship with Patient Ends

June 2016 Kelly Santini LLP, Ontario

Chelli-Greco v. Rizk, 2015 ONSC 6963 – The defendant, Dr. Rizk brought a motion for summary judgement to dismiss the claim, on the basis that his former patient commenced the action after the two year limitation period had expired. The plaintiff was treated by the defendant from 2005-2012. She claimed that the action was commenced in time because the limitation period began to run on or about her last visit on October 23, 2012. It is the defendant’s position that the limitation period commenced at the time of the patients visit on Sept. 21, 2011, approximately 11 months before the dentist-patient relationship ended.

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