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Still Out Of Time: Ontario Court Of Appeal Considers When A Claim Of Fraudulent Misrepresentation Is Discoverable In A Securities Class Action - Litigation, Mediation & Arbitration


In
Kaynes v. BP p.l.c.
1, the Ontario Court
of Appeal clarified when a claim for fraudulent misrepresentation
is discoverable under the Ontario
Limitations Act,
2002. The Court also confirmed the circumstances in which
a limitations defence may be decided through a rule 21 motion. This
decision is the latest in a series that has stood in the way of
this action being litigated in Ontario.
What you need to know
The limitation period in a fraudulent
misrepresentation claim only starts when the fraudulent nature of a
misrepresentation is discoverable.
Courts will permit a limitation
period defence to be considered under a rule 21 motion to determine ....

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Court Of Appeal Summaries (January 18 – 22, 2021) - Litigation, Mediation & Arbitration


Good afternoon.
This past week, the Court of Appeal for Ontario provided us with
several substantive and interesting civil decisions.
The Court of Appeal released two related decisions in
Subway
Franchise Systems of Canada, Inc. v. Canadian Broadcasting
Corporation. Subway sued the CBC and Trent University, which
conducted DNA testing for the CBC, after the CBC broadcasted a
widley publicized story that Subway s chicken sandwiches only
contained 50% of actual chicken. Both decisions dealt with
Anti-SLAPP provisions in s.137.1 of the
Courts of Justice
Act, which were recently considered by the Supreme Court of
Canada companion decisions in
1704604 Ontario Ltd. v. Pointes ....

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