Sentences with phrase «judgment on the common issues»

A person who has opted out is not bound by the judgment on the common issues, and a person who has opted out can not claim the benefit of a judgment against the class action defendant.

Not exact matches

The Court of Appeal allows the appeal on the basis of the first issue, finding that there is procedural unfairness in reformulating the common issue certified (and then granting summary judgment on it) without first providing an opportunity for the parties to make submissions.

The Appellant Dr. James objected to the procedure followed by the Motion Judge on the basis that the common issue question was devised by the motion judge himself without the benefit of submissions from counsel and after the conclusion of the hearing of the summary judgment motion.

A. Introduction and factual Background [2] The appellant appeals the judgment that the trial judge rendered on the common issues certified in this class proceeding.