Reconciling Limitation Period Principles with the Purposes and Complexity of Ontario Class Proceedings

This paper discusses the tension in reconciling class action principles with the traditional principles underlying limitation periods, particularly as it relates to the claims of absent class members. In particular, this paper explores the issues that arise when limitation periods are suspended under class proceedings legislation, when the limitation periods will resume running, and the adjudication of limitation period issues at the common issues stage. The authors conclude that these principles do not conflict and that traditional limitation period principles provide an interpretive lens for the resolution of limitation periods issues in class proceedings.