The original representative plaintiff in a class action regarding temporomandibular joint implants sought to withdraw and substitute two new representative plaintiffs.
The defendant appealed the motion judge's order allowing the substitution, arguing it prejudiced them by expanding the class and extending the limitation period.
The Court of Appeal dismissed the appeal, holding that under s. 28(1) of the Class Proceedings Act, the limitation period is suspended for all class members upon the commencement of the action, not upon certification.
Furthermore, the substituted plaintiffs were already members of the putative class, so the class was not improperly expanded.
