In our last update of November 25, 2015, we indicated that Canada Cartage had raised an issue relating to the alleged union membership of certain employees who may be included in this lawsuit. This resulted in a motion that was argued before Justice Belobaba on December 17, 2015, in Toronto.
Based on the comments made by Justice Belobaba at the hearing of the motion, further negotiations were held between the Plaintiff and Canada Cartage in January, February and March 2016. As a result of these negotiations, Justice Belobaba issued an Order on March 29, 2016 that changed the class definition (i.e., the description of current and former Canada Cartage employees who may be affected by this lawsuit). A copy of the March 29, 2016 court order can be found on the Court Documents page.
The Court Order has an impact on the claims that current or former Canada Cartage employees can advance with respect to unpaid overtime. Specifically, for current or former employees who worked at Canada Cartage at any time between March 1, 2006 and January 30, 2015 (the “Class Period”) and were entitled to receive overtime compensation, these employees will be unable to advance overtime claims through this class action in relation any period of time that their terms and conditions of employment were governed by a collective agreement between Canada Cartage and a union. If this affects you, you should speak with your union representative. If you have any questions, please contact us.
***Note: This Court Order has no impact on the overtime claims of current or former employees of Canada Cartage during the Class Period for any time during which these employees were not subject to a collective agreement. These claims continue to be part of the class action.***