Rawsthorne v Marotta et al, 2017 ONSC 2182 (CanLII)

The plaintiff was implanted with the medical device in 1992, and subsequently had the device explanted in January 1994. Litigation was commenced against the defendant doctor and hospital in 2001. The defendants brought motions for summary judgment on the basis that the plaintiff's actions were statute-barred. Despite the 1994 explant, the Court could not determine that the plaintiff knew that the device was toxic and biologically hazardous until she had retained legal counsel in 2001.