Is the conduct of a defendant in soliciting opt-outs before the certification hearing relevant to fixing the costs of a certification hearing?
Ontario, Canada
The following excerpt is from Smith v. National Money Mart Company, 2007 CanLII 13369 (ON SC):
In Atkinson v. Ault Foods, supra, MacKenzie J. considered the conduct of the defendant in corresponding with class members with a view to soliciting opt-outs before the certification hearing in fixing the costs of the certification hearing.
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