Does section 340.8 of the Ontario Medical malpractice statute of limitations apply to minor plaintiffs?

Unlike the medical malpractice statute of limitations construed in Young, section 340.8 was not enacted as part of a comprehensive legislative scheme. The statute contains no express language concerning minor plaintiffs. And, we repeat, the legislative history plainly demonstrates that the statute was only intended to codify the delayed discovery rule as to toxic exposure cases previously governed by the general personal injury statute ( 335.1), and to reject the holding of McKelvey v. Boeing North American, Inc. It had a narrow focus and was not at all concerned with prenatal claims as to which section 335.1 did not apply.