We are very happy to report that, on June 15, 2015, Mr. Justice Lederman released his decision refusing to grant permission (known as “leave”) to Canada Cartage to appeal the decision of Justice Belobaba that certified this case as a class action. The decision of the Court means that Canada Cartage has no further ground of appeal on which to prevent this case from moving 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.
The claim will now proceed as a class action that 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.
In the coming weeks, we will be asking the Court to direct Canada Cartage to file a Statement of Defence, and to begin to disclose documents to us as part of the document discovery process. We will also seek the approval of a notice, to be sent to all class members, advising them that the case has been certified as a class action. We will provide a further update in the weeks ahead as these steps are implemented. In the meantime, we view this decision as being a very positive outcome for all class members.
To read a copy of the decision of Justice Lederman, please visit the Court Documents page.