Canada: Class Actions

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Article
Beyond “Exceptional Circumstances”: Raising Limitations Defences At Certification
Recent Canadian case law demonstrates that limitation defences are no longer categorically off-limits at class action certification. Courts will now engage with limitations arguments where they expose fundamental deficiencies in the proposed proceeding, potentially narrowing class definitions, defeating certification entirely, or informing preferability analyses—though fact-intensive disputes remain reserved for summary judgment or trial.
Canada Litigation
MT
McCarthy Tétrault LLP
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