Limitation Defences At Certification: Reichert V. Canada (AG), 2026 BCCA 9

Why this Decision Matters

In Reichert, the British Columbia Court of Appeal confirmed that judges can consider the applicable limitation period in deciding whether to certify a proposed class action. Ordinarily, s. 6(1) of the Limitation Act prevents plaintiffs from suing more than two years after they discover the harm. Previous decisions had held that limitation defences should only be considered in "exceptional circumstances" at the certification stage.

Background

In 2011, the RCMP internally raised concerns about the care provided to RCMP members by a registered psychologist under the RCMP's health benefit plan. The RCMP accessed and disclosed the health records of RCMP members to make a complaint to the College of Psychologists of British Columbia. After discovering that the RCMP had disclosed their personal records to support the complaint, several impacted members complained to the Canadian Privacy Commissioner in July 2013. In October 2015—more than