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Discoverability and Fraudulent Misrepresentation | Dickinson Wright

Discoverability and Fraudulent Misrepresentation | Dickinson Wright
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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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