This appeal concerns a proposed $2.5 billion class action involving more than 230,000 universal life insurance policies sold by Metropolitan Life Insurance Company between 1985 and 1998.
The plaintiffs alleged misrepresentation in the sale of policies and breach of contractual duties relating to premiums and fees.
The motions judge dismissed the certification motion for misrepresentation claims and initially declined to certify breach of contract claims.
The Court of Appeal allowed the appeal in part, certifying the breach of contract common issues and allowing the plaintiffs to pursue individual misrepresentation claims.
The court found the motions judge erred in principle by failing to conduct individualized and contextual analyses of the limitation period defences and by improperly deciding the merits of the breach of contract claims at the certification stage.
