The first surgeon then brought a motion for summary judgment on the basis that the plaintiff discovered her claim prior to January 1, 2004, and as a result, the one - year limitation period established in s. 89 (1)
of the Health Professions Procedural Code, S.O. 1991 applied.
Under s. 76
of the Health Professions Procedural Code (which is Schedule 2 of the Regulated Health Professions Act, 1991, SO 1991, c. 18), a College investigator has a power (under Part II of the Public Inquiries Act) to «inquire into and examine the practice of the member» and for that purpose may issue, without court authorization, a summons to require a person to give or produce relevant evidence to the investigator.