Gowlings tried to get an opt out which would have meant everyone was represented but Tenon, Fung and the rest who are at the trough fought to prevent it hoping as few as possible would join an Opt In action. Much easier to try and show only a few shareholder are unhappy.

Was there a court order requiring opt-in? Since the opt-in motion was denied, can't the Moving Parties proceed any way they choose and represent all shareholders so all can benefit?

Nevermind. The wheels are in motion and it is what it is.