CPA contemplates that the judgment, “whether favourable or
not”, will bind the class: see CPA, s. 17(6)(f).
 CPVF says that I have no jurisdiction to make an order in
relation to non-parties, including franchisees who have opted out
and are not before the court.
 I agree that the relief is extraordinary. The circumstances
are also extraordinary. The acrimonious relationship between
the parties, the confusion and misinformation amongst class
members, the judicial restriction on communication with the
class and the aggressive campaign by CPVF designed to “out”
those who did not fall in line, all raise a reasonable apprehension that the results of the “vote” do not reflect the informed
wishes of the class. The court’s overriding responsibility, in the
context of this motion, is to the absent class members. It is not a
matter of exercising jurisdiction over non-parties. It is a matter
of protecting the integrity of the court’s process and protecting
the rights of all class members.
 I am satisfied that class members have been unfairly
pressured, singled out and misinformed by the actions of the
respondents and that the opt-out process has been corrupted as
a result. The damage has been done. Sending a new notice or
“re-doing” the opt-out process at this time would not put the
genie back in the bottle.
 I should add that I do not attach particular weight to
either the statements of the affiants who say that they want
nothing to do with the class action or to the hearsay statements
by Rodger that certain unidentified class members felt pressured
to opt out. The evidence as a whole satisfies me that results of the
opt-out process cannot be relied upon as an informed and independent expression of the will of class members.
 I have decided that any opt-out on or after September 5,
2011 will be declared invalid. Any opt-out prior to that date will
be presumptively valid, subject to the right of any franchisee
who opted out prior to that date to move to set aside his or her
opt-out. Following the release of the court’s decision on the
summary judgment motion, or other final disposition of the
action on its merits, those class members whose opt-outs have
been declared invalid will be given a further opportunity to opt
out, on terms to be fixed at that time.
 A notice to the class will be prepared to the foregoing
 I realize that this is an imperfect solution to a difficult
problem. I also realize that it may aggravate some franchisees,
including some deponents on this motion, who do not want
the court to interfere with their free will. My decision does not