In 2012, the Ontario Court of Appeal had interpreted the statutory limitation period to mean that plaintiffs must have obtained leave from the court to commence the action within the three-year period ( Sharma v Timminco ). Earlier this year, in Green v CIBC, a rare five-judge panel of the Court of Appeal reversed its own decision in Timminco (with two companion decisions in Silver v IMAX and Celestica v Millwright ). The Court of Appeal found that articulating an intention to seek leave to commence the secondary market claim under the Securities Act was sufficient to suspend the limitation period, even though leave had not yet been granted to commence such an action. It was the defendants in this trilogy of cases that were granted leave to appeal to the Supreme Court of Canada.