Category Archives: News

Case Update – July 3, 2019

We write further to our last update on this matter from May 28, 2018.

In that update, we explained that we were still in the “discovery” stage of the case, where both sides disclose and exchange all documents that are relevant to issues that have been “certified” by the court as common issues.  For a description of the certified common issues, click here to see our earlier post on this topic.

We have conducted a thorough review of the documents Canada Cartage produced and have completed “examinations for discovery”.  An examination for discovery involves representatives of Canada Cartage giving oral testimony under oath before trial.  We examined Jeff Lindsay, CEO and President of Canada Cartage, and Clive Burrell, Payroll Manager at Canada Cartage. The representative plaintiff for the class, Marc-Oliver Baroch was also examined by Canada Cartage’s counsel.  We completed the examinations for discovery on May 10, 2019.

On June 11, 2019, we attended a case management conference before Justice Belobaba.  We requested scheduling a summary judgment motion in late 2019 or early 2020.

After discussions with counsel for Canada Cartage and obtaining available dates from the court, we have agreed to schedule the summary judgment motion for three days: April 28-30, 2020.  A summary judgment motion provides an opportunity for a judge to hear the matter and to enter judgment (if the judge sees fit) without a full trial.  We are working with Canada Cartage’s counsel to finalize the other steps in the proceeding leading up to the summary judgment hearing.

On a different note, the team of lawyers at Lax O’Sullivan Lisus Gottlieb LLP who have carriage of this file has change.  Rahool Agarwal, Michael Currie, and Vivien Milat are now working on the lawsuit.  Please reach out to any of them if you have questions about the class action.  Their contact information can be found on the “Contact Us” tab.

We thank you for your continued interest in the case and your patience as we move this matter to a summary judgment hearing. We remain fully committed to this lawsuit and to working our hardest to advance the interest of the class members.

Case Update – May 28, 2018

We write further to our last update on this matter, June 12, 2017.

In that update, we explained that we were in the “discovery” stage of the case, where both sides disclose and exchange all documents that are relevant to issues that have been “certified” by the court as common issues. For a description of the certified common issues, click here to see our earlier post on this topic.

We continue to be in the “discovery” stage of the case and have now sought the Court’s assistance to get this proceeding back on track. Specifically, back in April 2016 we obtained an Order from the Court requiring Canada Cartage to produce certain categories of documents to the plaintiff and the class, including documents from the “terminal-level” of the company that relate to the certified common issues.

Canada Cartage has not completed its production of terminal-level documents to the plaintiff and the class as ordered by the Court. The deadlines for compliance have passed. Canada Cartage has asserted that requiring it to retrieve documents from its terminal-level operations would be too time consuming and costly. Canada Cartage has said that requiring it to produce these documents would be “disproportionate”.

On April 13, 2018, we delivered a motion brought on behalf of the plaintiff and the class seeking to get this proceeding back on track by re-setting and re-establishing deadlines for Canada Cartage to produce its terminal-level documents. Click here to read the written argument that we have delivered to the Court asking that the deadlines be reset.

One week later, on April 20, in response to the request to re-set deadlines for its production of terminal-level documents, Canada Cartage brought a motion to vary (i.e., change) its obligations under the court order requiring it to produce these documents. We have resisted this effort on behalf of the plaintiff and the class. Click here to read our written submission resisting Canada Cartage’s motion to vary.

Our case management judge, Justice Belobaba, has agreed to consider both the April 13 motion and the April 20 motion in writing, without the parties having to attend court. We hope to receive Justice Belobaba’s decision in the coming weeks and will update you when it is received.

On a different note, we are delighted to add Breanna Needham to the team of lawyers working on this lawsuit. We are lucky to have her.

We thank you for your continued interest in the case, and your patience as we move through the “discovery” stage of the case. We remain fully committed to this lawsuit and to working our hardest to advance the interest of class members.

Case Update – June 12, 2017

We write to provide an update on the status of this class action.

We are currently in the “discovery” stage of the case. What this means is that both sides (that named plaintiff on one hand, and Canada Cartage on the other hand) have an obligation to disclose and exchange all relevant documents; that is, all documents that relate to the common issues that have been “certified” by the court. for a description of the certified common issues, click here to see our earlier post on this topic.

Because Canada Cartage has possession of the vast majority of the documents that will be relevant to this lawsuit, we have had to wait for its documents to be produced. We have now received production of a significant number of documents from Canada Cartage (numbering in the tens of thousands) and are busy reviewing them.

Once we are finished reviewing the documents, we will have an opportunity to examine representatives of the defendants under oath. These examinations are currently scheduled to take place in the fall of 2017.

The discovery stage of a case of this magnitude generally takes a bit of time. If you are a member of the class, we encourage you to be patient as we work through this important stage of the case. While it may be timing consuming, the purpose of discovery is to gather evidence that can be used to prove the case at trial. We want to make sure that we have carefully reviewed and catalogued everything received from Canada Cartage so that we will be in the strongest possible position to advance this case on behalf of class members in the future.

Case Update – October 5, 2016

In our last update of September 2, 2016, we told you that Canada Cartage was seeking to appeal the decision of Justice Belobaba, dated April 27, 2016, requiring Canada Cartage to produce certain documents as part of the discovery process. Before Canada Cartage can appeal Justice Belobaba’s decision, it must first ask the Ontario Divisional Court for permission to do so (this is known as a “motion for leave to appeal”). Justice Dambrot of the Ontario Divisional Court considered Canada Cartage’s leave to appeal motion on September 13, 2016 and released his decision on September 20, 2016.

We are happy to report that Justice Dambrot refused to grant Canada Cartage permission to appeal the decision of Justice Belobaba. This means that Canada Cartage is required to produce certain categories of documents relating to its head office policies and individual terminal practices with respect to payment for overtime.

In reaching its conclusion, the Court accepted the arguments made by Eric Hoaken, Ian Matthews and Lisa Lutwak on behalf of the plaintiff that the decision of Justice Belobaba does not conflict with another court decision and that it would not be desirable to grant leave in this case.

To read a copy of the decision of Justice Dambrot, please click here.

Case Update – September 2, 2016

The case is currently in the “discovery” stage. In this stage, the parties must exchange relevant documents and produce representatives to be examined. We are gathering the relevant documents of the representative plaintiff, Marc-Oliver Baroch and we expect that Mr. Baroch will be examined for discovery at the appropriate time. Meanwhile, Canada Cartage has begun to produce documents to us that we are beginning to review. Pursuant to the April 27, 2016 court order of Justice Belobaba, Canada Cartage was required to produce a batch of documents to us on July 30, 2016 (which it has done), with further batches to follow on October 14 and November 30.

Canada Cartage is seeking to appeal the decision of Justice Belobaba requiring it to produce certain documents. This issue will be considered by the Ontario Divisional Court on September 13, and we expect the Court will issue reasons for decision shortly after that date. We expect to report the results of this decision in our next update.

Case Update – April 7, 2016

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.***

Case Update – November 25, 2015

In the past weeks, we have received Canada Cartage’s Statement of Defence, and delivered a Reply to this Statement of Defence. These documents have been posted and can be found on the Court Documents page.

Canada Cartage has raised an issue relating to the alleged union membership of certain employees who may be included in this lawsuit. This issue is scheduled to be argued before Justice Belobaba on December 17, 2015.

As always, if you have any questions about the case, please email info@canadacartageclassaction.com or contact Eric HoakenIan MatthewsLarissa Moscu or Lisa Lutwak, who are the lawyers for the plaintiff.

 

Case Update – June 15, 2015

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 HoakenIan MatthewsLarissa 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.