"I'm no lawyer "

I agree but you don't go far enough. Perhaps you should add that you have no knowledge of the legal process and haven't done any legal research to back up your prognostications. (Or if you have, please cite a relevant case where a judge turned an as yet unspecified lawsuit into a class action.) The only impact of more opt ins (from a legal perspective) is that it makes it more profitable for Gowling. Even the judge told you this.

"The other possibility "

No, what you suggest is impossible. And even so, don't you think there are many more than just one other possibility? e.g. Fung could develop a conscience, or Tenor change their business model to philanthropy, or ...

"I have no interest in debating which way is correct."

A good position to take when you haven't even mentioned a way that has any chance to be correct?

Jimmi I have no interest in bursting your bubble and I'm confident I haven't.