In Robinson v. Rochester Financial Limited, 2010 ONSC 5116, the court was concerned that the opt-out notices did not “reflect an informed decision by the persons who signed them”. In that case, the opt-out form had been signed and dated even before the notice of certification had been mailed out. They were also forwarded from a single fax machine and originated from someone related to the defendants. In that case, the court addressed those concerns by extending the opt-out deadline: paras. 3-6.
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