Is a plaintiff entitled to receive, evaluate and respond to settlement offers made to the class in a class action?

Ontario, Canada


The following excerpt is from 1250264 Ontario Inc. v. Pet Valu Canada Inc., 2011 ONSC 3871 (CanLII):

In his recent decision in Berry v. Pulley, above, Perell J. came down squarely in support of the responsibility and entitlement of the representative plaintiff to receive, evaluate and respond to settlement offers made to the class. He summarized his conclusions as follows, at paras. 7 and 8: By way of overview, in my opinion, other than for the individual issues trial in a class action, an individual litigant loses the right to settle the action when he or she is a class member in a class proceeding. It is for the representative plaintiff or the representative defendant to determine whether a settlement offer should be disclosed to class members. A class member has a right to oppose a settlement, but he or she does not have the right to receive settlement offers and to settle the claims in the class action. (A class member, however, has the right to receive settlement offers in the context of individual issues trials).

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