TORONTO, Ont. — A $100-million class action lawsuit against Canada Cartage over unpaid overtime has been given the green light to proceed, by the Ontario Superior Court of Justice.
The certification decision determined the case is appropriate to proceed as a class action. The class covers about 7,800 current and former Canada Cartage employees who have worked there since March 1, 2006 and who were entitled to overtime pay under the Canada Labour Code.
The court in its ruling also found the plaintiff, Marc-Oliver Baroch is an appropriate representative plaintiff for the class. He worked at Canada Cartage in Mississauga, Ont. for seven years until 2013.
A Statement of Claim alleges Canada Cartage had a policy or practice of avoiding or disregarding its overtime obligations to class members. The lawsuit was first launched in November 2013.
It alleges that:
After Human Resources and Skills Development Canada determined Canada Cartage was not complying with its overtime obligations, that the company deliberately misled HRSDC about the steps it would take to correct its non-compliance;
And that for some class members, it’s alleged Canada Cartage reduced their pay rates to make it appear they were being paid overtime when their weekly earnings had remained unchanged.
“The Court’s decision certifying this case as a class action is a very positive development,” said Eric R. Hoaken, a partner at Lax O’Sullivan Scott Lisus LLP. “It allows us to move forward to trial and obtain justice on behalf of the class of hard-working men and women who we allege were deprived of the overtime pay to which they are entitled. We are gratified that the Court has cleared the way for the case to be determined on its merits.”
Truck News is Canada's leading trucking newspaper - news and information for trucking companies, owner/operators, truck drivers and logistics professionals working in the Canadian trucking industry. All posts by Truck News