What is the test for certification of a class action for settlement purposes?
Ontario, Canada
The following excerpt is from Glube v. Pella, 2013 ONSC 6164 (CanLII):
The plaintiffs propose that the action be certified as a class proceeding for settlement purposes. Pella consents to the certification. I note that the requirements for certification need not be as rigorously applied in the settlement context as they would be in the litigation context: see Gariepy v. Shell Oil Co., [2002] O.J. No. 4022 (S.C.J.), at para. 27.
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