Case Update – January 9, 2015

On December 10, 2014, Mr. Justice Belobaba heard the plaintiff’s motion regarding whether or not this case should be certified as a class action. The main issue that the Court was concerned with was whether, as framed, the case raises issues that are capable of being resolved on a class-wide (as opposed to an individual) basis. On behalf of the plaintiff, we argued that Canada Cartage has a policy or practice of avoiding or disregarding its obligations to pay overtime to the potential class members, and that this is a common issue because the answer to this question, if decided in favour of the class, can be applied or extrapolated to all class members. Canada Cartage’s position, on that other hand, was that this case did not have any “common issues” and was instead made up of a number of individualized complaints about overtime. We disagree with Canada Cartage’s position.

Justice Belobaba heard the arguments of the plaintiff and the defendants, and reserved his decision. We expect that we will receive a ruling on whether the case can move forward as a class action in the coming weeks or months.