In what circumstances will a motion judge order costs of notice for business class plaintiffs?

Ontario, Canada


The following excerpt is from Allen v. Aspen Group Resources Corp, 2010 ONSC 5949 (CanLII):

In Cotter v. Levy, [2000] O.J. No. 3287 (S.C.J.), there were several plaintiffs classes, one of which was a class composed of business claimants. In ordering costs of notice to be paid by the plaintiffs, the motion judge noted, at para. 32, that one of the business class representatives was “a very large well funded corporation who on its own behalf is making a very substantial economic claim in this proceeding.”

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