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The court converted a fire-loss action into a class proceeding, finding judicial economy and access to justice outweighed limitation-period prejudice.
Section 6 suspends statutory time periods established by or under Acts of Parliament for the stated COVID-19 period but does not, in the absence of the clearest language, extend to or oust time limits found in the Federal Courts Rules, nor does it retroactively invalidate this Court's Practice Directions, judgments, orders or registry actions; the Attorney General's broader interpretation is incorrect in law and should not be followed, and the Court has authority under Rule 54 to so direct.
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Section 28(1) of the Class Proceedings Act sets out an exhaustive list of events that resume suspended limitation periods; denial of certification is not among them, therefore limitation periods remain suspended after certification is denied until one of the listed events occurs; appeal dismissed.
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The Supreme Court of Canada addressed whether a class action suspends limitation periods for Ontario statutory secondary-market misrepresentation claims before leave is granted.
The Supreme Court of Canada held that the 30-day notice rule for a Loto-Perfecta claim was not a condition precedent and could be suspended if the claimant learned the facts only later due to concealment.
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