Certification for Settlement Purposes Only. Plaintiff’s motion for class certification shall be only for the limited purpose of effectuating this Agreement. Defendant shall not take any position with respect to Plaintiff’s request for certification of the Settlement Class, provided that it is consistent with this Agreement, but reserves all rights to object to the propriety of class certification in the Action in all other contexts and for all other purposes.
Certification for Settlement Purposes Only. (1) The Parties agree that the Proceedings shall be certified as class proceedings as against the Named Settling Defendants solely for purposes of settlement of the Proceedings and the approval of this Settlement Agreement by the Courts.
(2) The Plaintiffs agree that, in the motions for certification of the Proceedings as class proceedings for settlement purposes and for the approval of this Settlement Agreement, the only common issue that they will seek to define is the Common Issue and the only classes that they will assert are the Settlement Classes. The Parties agree that the certification of the Proceedings as against the Named Settling Defendants for the purpose of implementing this Settlement Agreement, shall not derogate in any way from the rights of the Plaintiffs as against the Non- Settling Defendants, except as expressly set out in this Settlement Agreement.
Certification for Settlement Purposes Only. Defendants shall not take any position with respect to certification of the Settlement Class only for the limited purpose of effectuating this Agreement. The certification of the Settlement Class shall be binding only with respect to the Settlement of the Action. If this Agreement is terminated, or is reversed, vacated, or modified in any material respect by the Court or any other court, the certification of the Settlement Class shall be vacated, and the prior certified class definition of June 5, 2023 (ECF No. 92) will control.
Certification for Settlement Purposes Only. (1) The Parties agree that the Ontario Action shall be certified as class proceedings as against the Settling Defendants solely for purposes of settlement of the Proceedings and the approval of this Settlement Agreement by the Ontario Court.
(2) The Parties agree that the motion to approve the notice in the Quebec Action will provide for the modification of the authorized Settlement Class and Common Issue to reflect the definitions of Settlement Class and Common Issue for the Quebec Action in Schedule A.
(3) The Plaintiffs agree that, in the motions for certification of the Ontario Action as a class proceeding for settlement purposes, for an order approving notice and modifying the authorized Settlement Class and Common Issue in the Quebec Action, and for the approval of this Settlement Agreement, the only common issue that they will seek to define is the Common Issue and the only classes that they will assert are the Settlement Classes. The Parties agree that the certification of the Ontario Action and amendment of the Settlement Class and Common Issue in the Quebec Action as against the Settling Defendants for the purpose of implementing this Settlement Agreement shall not derogate in any way from the rights of the Plaintiffs as against any other Person or party, except as expressly set out in this Settlement Agreement.
(4) In the event that this Settlement Agreement is not approved, is terminated or otherwise fails to take effect for any reason, any submission or attornment in connection with this Settlement Agreement by the Settling Defendants shall be deemed to have no effect, the Settling Defendants shall reserve all of their existing procedural, substantive and jurisdictional rights and defences, and this Settlement Agreement or any other settlement-related statement may not be cited in support of any argument as against the Releasees.
Certification for Settlement Purposes Only. The Parties agree that the Proceedings shall be certified as class proceedings as against the Settling Defendants solely for purposes of settlement of the Proceedings and the approval of this Settlement Agreement by the Ontario Court or the BC Court.
Certification for Settlement Purposes Only. Defendants agree not to oppose certification of the Settlement Class only for the limited purpose of effectuating this Settlement Agreement. If the Settlement Agreement is not preliminarily or finally approved in all material respects, Defendants maintain all rights to appeal or otherwise challenge the Class Certification Order, and neither this Agreement nor Defendants’ non-opposition to certification for purposes of this Settlement may be cited as an admission by Defendants of the propriety of class certification. 1631765.1
Certification for Settlement Purposes Only. The certification of the Settlement Class shall be binding only with respect to the Settlement of the Action and only if the Judgment contemplated by this Settlement Agreement becomes final and the Effective Date occurs. Nothing in this Settlement Agreement shall serve in any fashion, either directly or indirectly, as evidence of or support for certification of a class, in this Action or any other action, other than for settlement purposes, and the Parties intend that the provisions herein concerning certification of the Settlement Class and Settlement Sub-Classes shall have no effect whatsoever in the event that the Settlement does not become final. Each County expressly reserves the right to contest class certification in the event the Settlement is terminated as to that County, or the Effective Date does not occur as to that County for any other reason.
Certification for Settlement Purposes Only. Solely for purposes of effectuating 4 the proposed Settlement, the Court finds, pursuant to Rule 23(e)(1), that the prerequisites for 5 class certification under Rules 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure are 6 likely to be found to be satisfied as: (a) the members of the Settlement Class are so numerous 7 that joinder of all Settlement Class Members in this Action is impracticable, (b) there are 8 questions of law and fact that are common to the Settlement Class; (c) the Plaintiffs’ claims are 9 typical of the claims of the Settlement Class; (d) the interests of all Settlement Class Members 10 are adequately represented by the Plaintiffs and Class Counsel; (e) the questions of law and fact 11 common to Settlement Class Members predominate over any individualized questions of law 12 and fact; and (f) a class action is superior to other available methods for the fair and efficient 13 adjudication of the controversy. These findings shall be vacated if the Settlement is terminated 14 or if for any reason the Effective Date does not occur.
Certification for Settlement Purposes Only. Defendants shall not take any position with respect to certification of the Settlement Classes only for the limited purpose of effectuating this Agreement. Defendants reserve all rights to object to the propriety of class certification in the Action in all other contexts and for all other purposes.
Certification for Settlement Purposes Only. The Settling Parties agree that any certification of the Class will be for settlement purposes only. The Settling Parties do not waive or concede any position or arguments they have for or against certification of any class for any other purpose in any action or proceeding, and the Settling Parties retain full right and ability to contest any such class certification.
