Can a court order that the names and addresses of class members who have opted out of a class action?
British Columbia, Canada
The following excerpt is from Logan v. Hong, 2012 BCCA 399 (CanLII):
The second decision is from the Ontario Court of Justice. In Farkas v. Sunnybrook & Women’s College Health Sciences Centre, [2004] O.J. No. 5134 (S.C.J.), a chambers judge was asked to order that the defendant hospital provide the names and addresses of class members who had chosen to opt out of the proceeding. The trial judge said that in his view, counsel should be entitled to receive whatever information available to permit counsel to identify and communicate with the class members during the opting out period. It is impossible to glean much information from the reasons for judgment, but again it seems that the issue pertained to persons already identified as class members.
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