Common use of Common Issue and Materials Clause in Contracts

Common Issue and Materials. ‌ (1) As soon as reasonably practicable after the Execution Date, Class Counsel will bring the Certification and Notice Approval Motions, in the Ontario Action first. (2) The sole common issue to be certified on the Certification and Notice Approval Motions shall be as follows: “Did the Defendant owe the Plaintiffs and Class Members a duty of care in respect of the Data Breach?”

Common Issue and Materials. ‌ (1) As soon as reasonably practicable after the Execution Date, Class Counsel will bring the Certification and Notice Approval Motions, in the Ontario Action first. (2) The sole common issue to be certified on the Certification and Notice Approval Motions shall be as follows: “Did the Defendant owe the Plaintiffs and Class Members a duty of care in respect of the Data Breach?”