What is the test for approving discontinuance of a class action?

Ontario, Canada


The following excerpt is from Frank v. Farlie, Turner & Co., LLC, 2011 ONSC 7137 (CanLII):

The test for approving discontinuance concerns questions of whether the putative class members will be prejudiced. The abandonment or discontinuance does not have to be beneficial or in the best interests of the putative class members. See: Coleman v. Bayer Inc., [2004] O.J. No. 1974 (S.C.J.) at paras. 30-39; Coleman v. Bayer Inc., [2004] O.J. No. 2775 (S.C.J.).

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