Class Action Started Against Canada Cartage and Direct Distribution Centres
On March 29, 2016, the judge managing this class action, Justice Belobaba, ordered that the class definition (i.e., the description of who is affected by this class action) be amended to exclude the claims of current and former Canada Cartage employees whose terms and conditions of employment were, for any time between March 1, 2006 and January 30, 2015, governed by the terms of a collective agreement between Canada Cartage and a union. For more information, please read the April 7, 2016 Case Update on the News and Recent Updates page.
On January 30, 2015, this action was certified as a class proceeding by Order of the Ontario Superior Court of Justice. to read the Notice of Certification, click here.
Le 30 janvier 2015, cette poursuite a été certifiée à titre de recours collectif par Ordonnance de la Cour supérieure de justice de l’Ontario. L’avis de certification se trouve içi.
The case will now proceed to a “common issues trial”, where the Court will determine certain common issues for the “class” of people who may be affected by the lawsuit. For more information about the “common issues” that will be determined at trial, click here.
ABOUT THE LAWSUIT
The lawsuit claims that Canada Cartage, Direct Distribution Centres, and their related companies regularly required or permitted some or all of their former and current employees to work hours in excess of their standard hours of work in order to complete the common duties of their employment. However, according to the lawsuit, Canada Cartage and Direct Distribution Centres did not properly compensate these employees for overtime, contrary to their contractual and legal obligations.
The lawsuit also alleges that beginning around July 2012, Canada Cartage and Direct Distribution Centres improperly reduced hourly rates of pay without reasonable notice, in order to make it look like they were paying overtime, when in fact employees’ weekly earnings remained unchanged.
Further details can be found in the Fresh as Amended Statement of Claim.
WHAT IS A CLASS ACTION?
A class action is a legal proceeding in which the individual claims of many people can be combined into one case. A class action can be a powerful tool to provide access to justice to those who might not otherwise be willing or able to bring a claim on their own.
The legal team will work to ensure that the class action is certified (or approved) by the court. If this happens, all people who come within the class description will automatically be included in the class, unless he or she opts out.
WHO IS IN THE CLASS?
The class definition certified by the Court includes all individuals who, at any time since March 1, 2006, were employed by Canada Cartage Diversified GP Inc., Canada Cartage System, Limited or Direct General Partner Corporation and who were entitled to receive overtime compensation pursuant to the Canada Labour Code and its regulations. The definition of the class may change as we learn more information about the case. To register with us to get more information about this lawsuit, click here.
WHO IS THE REPRESENTATIVE PLAINTIFF?
The representative plaintiff is the plaintiff who is bringing the lawsuit on behalf of himself and all of the class members. Marco Baroch is the representative plaintiff in this class action. Marco worked as a shunter at a Canada Cartage location in Mississauga, Ontario for about seven years.