We are very happy to report that, on January 30, 2015, Mr. Justice Belobaba released his decision certifying this case as a class action. The decision of the Court means that this case has been formally authorized to move forward as a class action. In reaching its conclusion, the Court accepted the arguments made by Eric Hoaken, Ian Matthews, Larissa Moscu and Lauren Epstein on behalf of the plaintiff that there was a basis in the evidence to think that the proposed common issues could be resolved on a class-wide basis.
The claim, as certified, covers a “class” of current and former Canada Cartage employees who worked at the company between March 1, 2006 and January 30, 2015. One of the common issues approved by the Court alleges that during this time period, Canada Cartage had a policy or practice of avoiding or disregarding its overtime obligations to class members.
It is open to Canada Cartage to seek “leave” (permission from the Court) to appeal this decision, and they have 15 days to decide if they wish to do so. We will provide a further update in the event that Canada Cartage seeks leave to appeal. In the meantime, we view this decision as being a very positive outcome for all class members.