Common use of Common Issues Clause in Contracts

Common Issues. The common issues to be certified as against the Settling Parties will be: i. Did FMP breach its contracts with the Class members? If so, how? ii. Did FMP owe a fiduciary duty to the Class members, and if so, in what respect? If yes, did FMP breach its fiduciary duty owed to the Class members, and if so, how? iii. Did the Settling Parties owe a duty of care to the Class members with respect to the claims asserted against them in negligence or negligent misrepresentation? iv. If the Settling Parties owed a duty of care to the Class members with respect to the claims in negligence or negligent misrepresentation, what was the applicable standard of care for the Settling Parties? v. If the Settling Parties owed a duty of care to the Class members with respect to the claim in negligence or negligent misrepresentation, did the Settling Parties breach the applicable standard of care? If so, how? vi. Did FMP make fraudulent misrepresentations to the Class members, and, if so, is FMP liable to the Class with respect thereto? vii. Did FMP conspire with any one or more of Fortress Real Capital Inc., Fortress Real Developments Inc., ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, Building & Development Mortgages Canada Inc., or others, with the intent to cause harm to the Class members? If so, did the conspiracy cause harm to the Class members? viii. Can the Class members’ damages be assessed, in whole or in part, in the aggregate, and if so, what is the quantum of their aggregate damages?

Common Issues. The common issues to be certified as against the Settling Parties will be: i. Did FMP BDMC breach its contracts with the Class members? If so, how? ii. Did FMP BDMC owe a fiduciary duty to the Class members, and if so, in what respect? If yes, did FMP BDMC breach its fiduciary duty owed to the Class members, and if so, how? iii. Did the Settling Parties BDMC and/or Galati owe a duty of care to the Class members with respect to the claims asserted against them in negligence or negligent misrepresentation? iv. If the Settling Parties BDMC and/or Galati owed a duty of care to the Class members with respect to the claims in negligence or negligent misrepresentation, what was the applicable standard of care for the Settling Parties? v. If the Settling Parties BDMC and/or Galati owed a duty of care to the Class members with respect to the claim in negligence or negligent misrepresentation, did the Settling Parties BDMC and/or Galati breach the applicable standard of care? If so, how? vi. Did FMP BDMC make fraudulent misrepresentations to the Class members, and, if so, is FMP BDMC liable to the Class with respect thereto? vii. Did FMP BDMC conspire with any one or more of Fortress Real Capital Inc., Fortress Real Developments Inc., ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, Building & Development Mortgages Canada Inc., or others, with the intent to cause harm to the Class members? If so, did the conspiracy cause harm to the Class members? viii. Can the Class members’ damages be assessed, in whole or in part, in the aggregate, and if so, what is the quantum of their aggregate damages?

Common Issues. The common issues to be certified as against the Settling Parties will be: i. Did FMP FFM breach its contracts with the Class members? If so, how? ii. Did FMP FFM owe a fiduciary duty to the Class members, and if so, in what respect? If yes, did FMP FFM breach its fiduciary duty owed to the Class members, and if so, how? iii. Did the Settling Parties who are current Defendants owe a duty of care to the Class members with respect to the claims asserted against them in negligence or negligent misrepresentation? iv. If the Settling Parties who are current Defendants owed a duty of care to the Class members with respect to the claims in negligence or negligent misrepresentation, what was the applicable standard of care for the these Settling Parties? v. If the Settling Parties who are current Defendants owed a duty of care to the Class members with respect to the claim in negligence or negligent misrepresentation, did the Settling Parties breach the applicable standard of care? If so, how? vi. Did FMP FFM make fraudulent misrepresentations to the Class members, and, if so, is FMP FFM liable to the Class with respect thereto? vii. Did FMP FFM conspire with any one or more of Fortress Real Capital Inc., Fortress Real Developments Inc., ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, Building & Development Mortgages Canada Inc., or others, with the intent to cause harm to the Class members? If so, did the conspiracy cause harm to the Class members? viii. Can the Class members’ damages be assessed, in whole or in part, in the aggregate, and if so, what is the quantum of their aggregate damages?