Talking to the class — carefully, very carefully *

Canada - August 3 2012
Companies doing business in Canada, and especially franchisors, should review two recent decisions of the Ontario Superior Court of Justice that considered the risks of communications to members of a proposed or certified class: if such communications persuade people not to participate in the lawsuit, courts have to consider whether to step in to protect the class size and cohesion, so that defendants do not weaken the economic viability of, and possibly "dismember," the class action.

Co-authors: Dana M. Peebles.