The plaintiff was in a motor vehicle accident on August 17, 2019. She commenced an action for damages on November 24, 2014. The defendant argued that the claim was statute-barred due to the expiry of the applicable limitation period. The plaintiff argued that the claim was not discoverable until late 2012 because that was when she was first diagnosed with fibromyalgia. Justice Pollack accepted the plaintiff’s position and held that the limitation period started to run in December 2012 when the plaintiff received a medical opinion that noted the presence of chronic pain and a poor prognosis for full recovery to pre-accident function, as that was the first time that the plaintiff could have known that her injuries might surpass the threshold.
