News & Analysis as of

Canada Class Action Wage and Hour

Bennett Jones LLP

Mixed Success at The B.C. Supreme Court in Rare Common Issues Trial in Employment Class Action

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While applications for certification of class proceedings are commonplace, trials to decide certified common issues on their merits are comparatively rare. The decision in one such common issues trial was recently released in...more

Stikeman Elliott LLP

Meal Delivery Service’s Mandatory Arbitration Clause for Couriers Unconscionable: Manitoba Court of Appeal

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The Manitoba Court of Appeal (the “Court”) in Pokornik v. SkipTheDishes Restaurant Services Inc., 2024 MBCA 3, recently upheld a lower court decision dismissing a large online meal delivery service’s motion to stay a class...more

Bennett Jones LLP

Alberta Court of Queen's Bench Finds Conflict of Interest for Class Counsel Also Representing Individual

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In Smith v Lafarge Canada Inc, 2022 ABQB 289 [Smith], the Court of Queen's Bench considered a preliminary application arising out of a proposed class action which involved claims advanced on behalf of the proposed class as...more

Bennett Jones LLP

The Clock’s Ticking: Ontario Court of Appeal Dismisses Bank’s Appeal in Overtime Class Action

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After nearly 15-years of protracted litigation, the Ontario Court of Appeal recently dismissed the Canadian Imperial Bank of Commerce’s appeal of Justice Belobaba’s trio of decisions, released in 2020, finding that CIBC’s...more

Hogan Lovells

Coronavirus: The Hill and the Headlines, February 2021 # 19

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In Washington: The House of Representatives was set to pass its $1.9 trillion pandemic relief package (H.R. 1319), late Friday night over solid Republican opposition. The passage is a key step toward giving President Joe...more

Littler

Ontario, Canada Companies Beware: Class Action Lawsuits Alleging Worker Misclassification are on the Rise

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It appears there is a movement afoot in Ontario to change behavior around the classification of employees as independent contractors. ...more

Bennett Jones LLP

Pumping the Procedural Brakes: Arbitration Clause Stays Potential Uber Class Action

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Will an arbitration provision in a services agreement between Uber and its drivers prevent the drivers from bringing a class action for being misclassified as contractors? The Ontario Superior Court recently addressed this...more

Bennett Jones LLP

Overtime Class Actions Gaining Traction in Canada: Is the Oil Patch Next?

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On October 12, 2016, a former GoodLife personal trainer filed a class action lawsuit for $60 million in damages under Ontario's Class Proceeding Acts, 1992. The proposed class members include current and former non-managerial...more

Bennett Jones LLP

Common Employers in Class Actions

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In mid-December, Justice Paul Perell released an interesting decision involving wage claims made by post-doctoral fellows at Sunnybrook Hospital (Pasian v Academic Clinicians’ Management Services, 2013 ONSC 7787)....more

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