CIVIL LIABILITY - Secondary market disclosure - Defences

Law360 Canada ( May 7, 2018, 8:43 AM EDT) -- Appeal by the plaintiff from the dismissal of some of his claims as statute-barred. The appellant was the proposed representative plaintiff in a proposed class action. He sued the respondent on 14 alleged secondary market misrepresentations. Eleven of the alleged misrepresentations occurred more than three years before the action was commenced. The respondent brought a motion for a declaration that the appellant's claim was statute-barred pursuant to s. 138.14 of the Securities Act. The appellant argued that the claims based on those misrepresentations should not be statute-barred because they could be considered a single continuous misrepresentation. The motion judge rejected that argument and ruled that the claims based on the 11 misrepresentations were statute-barred in accordance with s. 138.14 of the Securities Act. He further found that the statutory discretion to treat multiple representations as a single misrepresentation did not impact the limitation period analysis. He found that the interpretation advanced by the appellant would negative the policy choice made by the legislature in enacting the limitation period, would conflict with the scheme of the Act, and would be contrary to the legislative history of the Act. The appellant appealed, arguing that the motion judge erred in his analysis....
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