Certification and Settlement Approval Clause Samples
The CERTIFICATION AND SETTLEMENT APPROVAL clause establishes the requirement that any class action settlement must be reviewed and approved by a court before it becomes binding. In practice, this means that the parties to a class action lawsuit must present their proposed settlement to the court, which will evaluate whether the terms are fair, reasonable, and adequate for all class members. This process ensures judicial oversight, protects the interests of absent class members, and prevents unfair or collusive settlements from being enforced.
Certification and Settlement Approval. The Defendant will consent to the certification of the Action pursuant to the CPA, for the purposes of Settlement only.
Certification and Settlement Approval. SECTION 10 – NOTICE TO THE CLASS
10.1 First Notice
Certification and Settlement Approval. (1) For the purposes of Settlement only, the Ontario Defendants will consent to the certification of the Ontario Action pursuant to the CPA.
(2) For the purposes of Settlement only, the Québec Respondents will consent to the authorization to institute a class action pursuant to the Code of Civil Procedure, CQLR c C- 25.01.
Certification and Settlement Approval. The Defendants will consent to the amendment of the Certification Order to include the Underwriter Defendants pursuant to the CPA, for the purposes of Settlement only.
Certification and Settlement Approval. (1) Subject to the approval of the Court, and for purposes of the Settlement only, the Defendants will consent to the certification of the Action as a class proceeding, pursuant to sections 2, 5 and 6 of the CPA;
Certification and Settlement Approval. (1) Subject to the Courts’ approvals, and for purposes of the Settlement only, the Defendants will consent to:
(a) the certification of the Ontario Action pursuant to sections 2, 5 and 6 of the CPA;
(b) the certification of the BC Action pursuant to sections 2, 4 and 7 of the BCCPA; and
(c) authorizing the Québec Action pursuant to articles 1002 to 1006 of the C.p.c.
(2) In support of the Second Motion, SWR shall submit an affidavit that discloses to the Courts the gross limits of its insurance coverage potentially applicable to the Actions.
(3) Subsection 8.1(2) is not an acknowledgment that the Class or Class Counsel is entitled to make any submissions to the Courts about insurance coverage, whether such insurance coverage is available or that the existence or extent of insurance coverage is relevant to the Second Motion.
(4) To the extent required by law or any of the Courts, the Settlement Agreement, the Plan, the First Notice and the Second Notice shall be translated into the French language for submission to the Courts and for the issuance of orders from the Québec Court. The costs of such translations shall be paid from the Non-Refundable Expense Fund as a Non-Refundable Expense.
Certification and Settlement Approval. THIS COURT ORDERS that the use of capitalized terms in this order shall have the same meaning as found in the Settlement Agreement.
Certification and Settlement Approval