Can a class of individuals who entered into transactions after May 8, 1997 be certified as a class?

Hall J.A., writing on behalf of the court, referred to the limitation issues arising for transactions occurring prior to May 1997. He wrote as follows in para. 34: ...The chambers judge observed in her reasons, correctly in my opinion, that the limitations defence as a whole cannot be tried as a common issue. If that is so, I am of the view that it is not possible to decide on an award of damages to the class as certified since the composition of the class would be unknown. It could be possible for a class of individuals who entered into transactions after May 8, 1997, to be certified as a class, but I fail to see how claims related to transactions prior to that time could be litigated in the class proceeding. That is so because in order to have valid claims, individuals would have to be able to establish postponement of the limitation period: [Novak v. Bond, 1999 CanLII 685 (SCC), [1999] 1 S.C.R. 808, 172 D.L.R. (4th) 385].