The appellant sought to bring a Canadian class action against the respondent BP p.l.c. for securities misrepresentations.
His 2019 amended statement of claim, which introduced a claim for fraudulent misrepresentation, was struck out by the motion judge as statute-barred under the Limitations Act, 2002.
This appeal addressed four key issues: the elements of a "claim" for fraudulent misrepresentation under the Limitations Act, the appropriateness of the motion judge's factual findings regarding discoverability based on U.S. litigation, whether the fraudulent misrepresentation claim was a new claim or an alternative theory, and the propriety of deciding a limitations issue on a Rule 21.01(1)(a) motion.
The Court of Appeal dismissed the appeal, finding that while the motion judge erred in his discoverability analysis and reliance on U.S. pleadings, the fraudulent misrepresentation claim was indeed a new, statute-barred claim, and the limitations issue was appropriately decided on a Rule 21.01(1)(a) motion due to undisputed facts.