Is there any case law concerning class indeterminacy and take-up of a class action?
Ontario, Canada
The following excerpt is from Lavier v. MyTravel Canada Holidays Inc., 2013 ONCA 92 (CanLII):
In Stewart v. General Motors of Canada Ltd., [2008] O.J. No. 4426 (S.C.), Cullity J. considered a similar problem of class indeterminacy and the significance of take-up. In that case, a class action of national scope involving design deficiencies in cars and trucks, the class was defined by reference to “[a]ll consumers resident in Canada… who own or lease, or who have in the past owned or leased, a Qualifying Vehicle and who incurred an expense” before a given date.
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