What are the requirements for certification in a settlement?
Ontario, Canada
The following excerpt is from Bona Foods Ltd v. Ajinomoto U.S.A. Inc., 2004 CanLII 17525 (ON SC):
In Gariepy v. Shell Oil Co., [2002] O.J. No. 4022 (S.C.J.), Nordheimer J. stated: The requirements for certification in a settlement context are the same as they are in a litigation context and are set out in section 5 of the Class Proceedings Act, 1992. However, their application need not, in my view, be as rigorously applied in the settlement context, principally because the underlying concerns over the manageability of the ongoing proceeding are removed. (at para 27)
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