The appellants appealed a motion judge's decision declaring that the limitation period for putative class members remained suspended under s. 28(1) of the Class Proceedings Act following the denial of class certification.
The Court of Appeal dismissed the appeal, holding that s. 28(1) provides an exhaustive list of circumstances that resume a limitation period, and denial of certification is not among them.
Consequently, the limitation period remains suspended indefinitely following a denial of certification, a result the court noted must be addressed by the Legislature.
