Law360 Canada ( October 4, 2022, 6:49 AM EDT) -- Appeal by the plaintiff from a trial decision denying his motion for leave to add various doctors to an action against a hospital as statute-barred. The appellant was injured in a fall in 2016 and was admitted to hospital. He was discharged in January 2017. In April 2017, he was advised that he had suffered a spinal cord compression that had not been diagnosed after his fall. As a result of the misdiagnosis and lack of treatment, it was unlikely he would recover to the level of physical mobility he had before the fall. In March 2019, after contacting a lawyer about commencing an action against the parties potentially responsible for his condition, he was advised that generally, doctors in New Brunswick were not employees of the hospitals in which they worked, and the individual doctors would have to be named as parties to the action. The action commenced in April 2019 named the Hospital as defendant but not the individual doctors. In January 2020, the solicitor for the Hospital provided the appellant’s lawyer with records from the Hospital identifying the doctors involved in his care during the hospitalization. In 2021, the appellant filed a motion to have the doctors added as defendants to the action. The motion judge held the appellant discovered his cause of action as against the Hospital and the doctors in April 2017 when he as advised of the misdiagnosis and that the appellant did not exercise reasonable diligence in finding the names of the doctors....