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Class Actions

Class action lawsuit launched against Canadian Hockey League for breach of employment standards obligations

Ontario lawyer Ted Charney, Charney Lawyers, announced that he has filed a class action lawsuit against the Canadian Hockey League for breach of employment standards legislation as it relates to the junior hockey players who play in the league. This is his press release:

CHL CLASS ACTION LAUNCHED TORONTO, October 20, 2014 - A class action has been commenced on behalf of all players in the Ontario Hockey League (OHL), Western Hockey League (WHL), and the Quebec Major Junior Hockey League (QMJHL) who entered into contracts with the teams in those leagues. It is alleged that the contracts with the players are employment contracts that contravene the minimum wage set by the legislation governing each jurisdiction where a team is domiciled.

The defendants are the Canadian Hockey League, the OHL, the WHL, the QMJHL, and the sixty teams that play in each of these leagues.  read more »

Scotiabank announces that it has reached a settlement in overtime class action

Jurisdiction: - Canada/Federal

Scotiabank issued a news releae today announcing that it has settled the Fulawka v. The Bank of Nova Scotia overtime class action that was filed in 2007. The release states:

Scotiabank and the representative plaintiff Cindy Fulawka have reached an agreement to settle the Fulawka v. The Bank of Nova Scotia Overtime Class Action. A hearing for approval of the proposed settlement will take place on August 12. The class action was commenced against the Bank in December 2007 on behalf of certain full-time retail branch bank employees in Canada who held the positions of Personal Banking Officer, Senior Personal Banking Officer, Financial Advisor or Account Manager Small Business.  read more »

Ontario court refuses to certify class action based on claims of constructive dismissal and breach of ESA

Jurisdiction: - Ontario
Sector: - Insurance

In Kafka v. Allstate Insurance Company of Canada, 2011 ONSC 2305 - which was issued on April 12, 2011 - the Ontario Superior Court of Justice refused to certify a propsed class action that was based on allegations of:

  • constructive dismissal; and
  • a claim for termination pay and/or severance under the Ontario Employment Standards Act.

The claim pertained to a general announcement letter that Allstate issued on July 24, 2007, to approximately 350 to 450 active agents (employees) in Ontario, advising that effective September 1, 2009 a revised product distribution model and agent compensation system would be implemented.  The new model was then phased in from September 1, 2007 through 2009. 

The court summarized the issue on the certification motion (application), and its decision, as follows:  read more »

Class action claim filed by Denny's employees working in Canada under Temporary Foreign Worker Program

Jurisdiction: - British Columbia

A Notice of Claim under British Columbia's Class Proceeding Act has been filed against Denny's restaurants by employees working in Canada under the Temporary Foreign Workers Program. The employees are originally from the Philippines,

The claim, which covers more than 50 employees, states that Denny's breached the workers' employment contracts by reducing their hours, refusing to pay overtime and failing to pay for their round-trip airfare back to the Philippines.

The Province has a story here: "Filipino workers' class action says Denny's owes $10m" (January 12, 2011).

The Georgia Strait's story is here: "Foreign workers file class-action lawsuit against Denny's restaurants in B.C." (January 11, 2011).  read more »

Split three-judge panel of Ontario Divisional Court upholds decision to not certify CIBC overtime class action

Jurisdiction: - Canada/Federal

In a decision issued on September 10, 2010 - Fresco v. Canadian Imperial Bank of Commerce, 2010 ONSC 4724 - a split three-judge panel of the Ontario Divisional Court upheld the decision of an Ontario Superior Court motion judge to not certify an overtime class action against CIBC.

It looks like the Ontario Divisional Court's decision will now be further appealed to the Ontario Court of Appeal. See this case summary - "Ontario Court Affirms Decision Denying Certification in CIBC Overtime Action" (September 17, 2010) -  by law firm Torys.

My two posts on the original June 2009 decision by the motions judge can be found here and here.