It wasn’t plain and obvious that fraudulent concealment couldn’t delay running of limitation period

Limitation period. Plaintiff applied for certification of class proceeding under Class Proceedings Act.

Limitation period. Plaintiff applied for certification of class proceeding under Class Proceedings Act. He alleged that defendants, who manufactured optical disc drives (ODDs) and ODD products, conspired to fix prices of ODDs and ODD products. Certification judge certified action as class proceeding, subject to certain exceptions and conditions. Defendants' appeals were dismissed. Defendants appealed. Appeals dismissed. While certain subset of named defendants argued that plaintiff's claim against them was statute-barred as it was commenced after two-year limitation period in s. 36(4)(a)(i) of Competition Act expired, discoverability rule applied to extend limitation period in s. 36(4)(a)(i) and it was not plain and obvious that plaintiff's claim against defendants in issue would fail on this basis. It was not “plain and obvious” that fraudulent concealment could not delay running of limitation period in this case.

Pioneer Corp. v. Godfrey (2019), 2019 CarswellBC 2746, 2019 CarswellBC 2747, 2019 SCC 42, 2019 CSC 42, Wagner C.J.C., Abella J., Moldaver J., Karakatsanis J., Gascon J., Côté J., Brown J., Rowe J., and Martin J. (S.C.C.); affirmed (2017), 2017 CarswellBC 2245, 2017 BCCA 302, Newbury J.A., Groberman J.A., and Savage J.A. (B.C. C.A.).

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