Ontario Court Reinforces Finality of Class Proceedings in Rejecting Late Opt-Out Request

Class members seeking to opt out of class actions after the opt-out deadline and a settlement bear a heavy onus. This principle was emphasized in Nardi v. Sorin Group Deutschland GmbH 2026 ONSC 3891, where Justice Glustein dismissed a motion to extend the opt-out deadline in a product liability class action, holding that parties to a settlement reached in principle can be prejudiced by a late opt-out request, even before the settlement is finalized or approved by the court….
By: Bennett Jones LLP