A decide has dominated {that a} lawsuit launched by the son of a Nova Scotia senior whose dying was allegedly brought on by a small city pharmacy’s prescription error will proceed.

Nova Scotia Supreme Court docket Justice Joshua Arnold’s resolution says 90-year-old Bernice Bond had a prescription stuffed at Canso Pharmacy Ltd. on Might 3, 2016, and died June 16, 2017, from what a medical expert described as an acute overdose of remedy.

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Bond’s son, Carlton Bond, filed a press release of declare in opposition to the pharmacist and an unnamed pharmacy assistant on June 15, 2017, below the Deadly Accidents Act, alleging Bond was given an extreme quantity of her prescription in error.

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Legal professionals for the defendants argued the case shouldn’t proceed as a result of below the Pharmacy Act a lawsuit needs to be filed inside a yr from when the “companies have been rendered,” and subsequently the plaintiff filed the declare six weeks too late.

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However Bond’s lawyer, Raymond Wagner, argued that his shopper had one yr from the date of dying below the Deadly Accidents Act.

Arnold dominated that the time-frame set out within the Deadly Accidents Act applies on this case and subsequently the time-frame set out within the Pharmacy Act is irrelevant.

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