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 defe...
Source: mondaq.com