What is the limitation period applicable to a class action?

Second, the defendants submit that the court will be required to consider individual circumstances to determine whether or not a claim falls outside of the applicable six year limitation period. The plaintiff, in reply, submits that this argument overlooks s. 38.1 of the Class Proceedings Act, which suspends the limitation period applicable to a cause of action from the time a proceeding starts to the time an application for certification is denied and either the time for appealing that denial expires or an appeal of the denial is disposed of. They say that because a previous action against Instaloans (MacKinnon v. Money Mart et al., 2005 BCSC 271) was commenced in January 2003 and not abandoned until after this action commenced, the applicable limitation period was suspended. Moreover they submit, the existence of a limitation defence in these circumstances is an issue of law that can be determined as part of the common issues trial.