How have courts dealt with the limitation argument in class action cases?
Saskatchewan, Canada
The following excerpt is from Ross v Government of Saskatchewan, 2013 SKQB 373 (CanLII):
In Daniels v. Canada (Attorney General), 2003 SKQB 58, [2003] 6 W.W.R. 72, McLellan J. determined that at the certification stage of a class action suit, it was important to deal with the question of the limitation argument. If a limitation act applies to restrict the plaintiff’s claim, the plaintiff has the opportunity through individual circumstances to get around the limitations defence. This would create a series of a specific factual examination and legal argument for each plaintiff to allow his or her claim to go forward.
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