Does a settlement with an oil company that has previously been denied certification to the Court of Appeal preclude certification being granted in the context of a settlement?
Ontario, Canada
The following excerpt is from Fischer v. IG Investment Management Ltd., 2010 ONSC 5132 (CanLII):
The fact that certification has previously been denied does not preclude certification being granted in the context of a settlement. See Gariepy v. Shell Oil Co., [2002] O.J. No. 4022 (S.C.J.). I am satisfied that the preferable procedure criterion has now been satisfied.
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