What is the effect of the doctrine of nunc pro tunc on a motion to extend the limitation period in a securities class action?

Ontario, Canada


The following excerpt is from Green v. Canadian Imperial Bank of Commerce, 2014 ONCA 344 (CanLII):

On the motion, the motion judge accepted the law as set out in Sharma v. Timminco Ltd. and extended the limitation period by applying the doctrine of nunc pro tunc. It was this latter finding that the appellants appealed. However, in this court, the appeal turned on the reconsideration of Sharma v. Timminco only. The appellants point to the significance of the case for them. It was clearly significant for all parties and for securities class action practice generally. The respondents and all parties had to address not only the issue raised by the decision of the motion judge but also the issue raised by the court.

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