What are the implications of common issues that remain after common issues have been resolved?
Ontario, Canada
The following excerpt is from Fairview Donut Inc. v. The TDL Group Corp., 2012 ONSC 1252 (CanLII):
It has frequently been observed that the fact that individual issues will remain after the resolution of the common issues – even substantial individual issues – is not a bar to certification: see Cloud v. Canada (Attorney General), at para. 53. This is expressly contemplated by s. 6 of the C.P.A.
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