Expert Analysis

Out of time at certification: Narrowing or defeating class claims

By Kara L. Smyth, Leah Strand and Chiedza Mutize ( May 7, 2026, 1:10 PM EDT) -- Limitations defences are playing an increasingly prominent role at the certification stage of class proceedings. While courts continue to caution that certification is not a merits determination, recent jurisprudence confirms that limitations issues can be raised at or prior to the certification hearing....