What is the test for approval of a settlement?
Ontario, Canada
The following excerpt is from Eidoo v. Infineon Technologies AG, 2012 ONSC 3801 (CanLII):
In determining whether to approve a settlement, the court, without making findings of facts on the merits of the litigation, examines the fairness and reasonableness of the proposed settlement and whether it is in the best interests of the Class as a whole, having regard to the claims and defenses in the litigation and any objections raised to the settlement: Baxter v. Canada (Attorney General) (2006), 2006 CanLII 41673 (ON SC), 83 O.R. (3d) 481 (S.C.J.) at para. 10.
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