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ARTICLE · 21 DECEMBER 2015

Take-Aways From The SCC's Decision In CIBC v Green

On December 4 the Supreme Court of Canada released its long-awaited decision in a trilogy of secondary market securities class action appeals that were argued together.

CanadaCorporate/Commercial Law

On December 4 the Supreme Court of Canada released its long-awaited decision1 in a trilogy of secondary market securities class action appeals that were argued together. The appeals raise a number of important issues going to Part XXIII.1 of the Ontario Securities Act (the Act) and the certification of common law misrepresentation claims alongside statutory claims under Part XXIII.1.

Unfortunately, the SCC's decision focuses almost entirely on limitation period issues now rendered academic by amendments to the Act. A majority of the SCC concluded that s. 28 of the Class Proceedings Act, 1992 (CPA) operates to suspend the three-year limitation period contained in s. 138.14 of the Act only when leave has been granted under s. 138.8 of the Act. The decision on this point is of no consequence other than for the parties to the appeal, as section 138.14 of the Act had already been amended, effective July 2014, to suspend the limitation period on the date a motion for leave

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