ARTICLE · 23 SEPTEMBER 2026
In Wiebe v Johnson & Johnson Inc., 2026 ONCA 597, the Ontario Court of Appeal dismissed three appeals arising from the respondents’ successful motions for summary judgment where the claims were dismissed as statute-barred under the Limitations Act, 2002.[1] The Court held that the claims were discoverable more than two years before the claims were issued. The respondents manufactured polypropylene mesh products that were implanted in each of the appellants during their respective hernia repair surgeries. Each of the appellants brought their claims more than three years after their final surgeries and removal of the mesh. The Superior Court had granted the respondents’ motions for summary judgment in July 2025 (see 2025 ONSC 3958).
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