Class action lawsuit against Canada Cartage allowed to proceed

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.”

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  • Its about time someone took on these low life carriers. This occupation is like no other. Flat rates or low hourly pay with no increases for years on end. Carriers keep cutting rates on each other and taking it out of the drivers ass. Enough is enough. Shippers need to understand that trucks cannont work cheap and remain viable and safe. Time for a wholesale change I the way business is conducted in this industry. Deregulation in 88 was a terrible idea. The shippers were the only winners….by design I suspect.

  • They should have just done what Muir’s did a fire all their drivers and make them go thru temp services. Canada Cartage still has a lot to learn on how to treat drivers like s**t and get away with it

  • Since CC was bought by Americans it has gone downhill in its treatment of drivers! I would NEVER work for them!

  • Perhaps this will be a wake up call for any other companies skirting the driver pay issue. The concept of paying drivers by the mile or per km is a outdated system that is too easy to manipulate. There is no reason at all, to not pay a driver a rate based on per hour like any other employment, maybe this would encourage new people to take up the trade.

  • Many truck drivers have given driving truck and getting other jobs or staying at the salvation army. i and many other have been short changed. Canada cartage needs to lose in court.

  • Many trucking companies do not understand why many truck drivers get other jobs. Treat and pay drivers fairly and young people will want to drive truck.

  • I worked 60 hrs in 5 day weeks for 2 years and never saw a penny in overtime with this company. We questioned the overtime but we’re always told that overtime was not written into to contract with the customer we were servicing at that time.

  • That’s right drivers file a complaint with the labour board. I have told my company there in violation of the transportation act sections 169 and 171 of the act. It is law drivers that the company’s have to pay us overtime after 60 hours it’s the law. Right now I’m going after my company for unpaid overtime and not being paid time and a half for working stat holidays. They told me to go pound sand.
    Now the labout board is telling them to.

  • Work and be happy you have the ability to do so. Be happy you are alive and healthy enough to work. Enjoy your life.

  • I sued my company for not paYong overtime and I won
    If your company is a federally regulated carrier then they habe to pay overtime after 60 hours and 50 hours if there is a stat holiday. Section 169 and 171 of the transprotation act says so and these MF carriers know this and pray on us drivers that don’t know this.
    I worked for trappers transport out of winnipeg. The biggest crooks you will ever work for a driver quits there ever 3 days on average. Have my second lawsuit in April.