Canada Cartage / Direct Distribution Centres
Unpaid Overtime Class Action
Class Action Against Canada Cartage and Direct Distribution Centres
On November 1, 2021, Justice Belobaba of the Ontario Superior Court of Justice approved the settlement between the representative plaintiff Marco Baroch and Canada Cartage. You can read Justice Belobaba’s decision here. The settlement provides for a payment of $22,250,000 by Canada Cartage. The Class Counsel team is now working on distributing the settlement funds, pursuant to Justice Belobaba’s Order, to Class Members.
AM I A CLASS MEMBER?
The Class includes current and former employees of Canada Cartage (Canada Cartage System Limited, Direct Limited Partnership, Canada Cartage System Limited Partnership and Sonar Limited Partnership) who worked at Canada Cartage at any point between March 1, 2006 to January 30, 2015 and who were entitled to overtime pay under the Canada Labour Code.
The Class does not include employees who were part of management or otherwise exempt from overtime pay. It does not include employees who were part of a union. It does not include individuals who worked for Canada Cartage through an agency. It also excludes everyone who “opted out” of the class action by sending a request to Class Counsel before December 31, 2015.
Please note that just because you may have received a copy of the settlement approval notice does not mean that you are in the class. The settlement approval notice was sent to all former employees and everyone who registered on the web site, even if they were not otherwise Class Members.
WHAT DO I NEED TO DO?
If you received a letter about the settlement during the summer of 2021, you do not need to do anything.
If you did not receive a letter about the settlement, we may not have current address information for you. If you wish to update your address information, please contact RicePoint, the claims administrator, at email@example.com or 1-888-713-5220.
WHEN WILL CLASS MEMBERS RECEIVE FUNDS?
Once the distribution has been calculated, RicePoint will send letters explaining to each Class Member how much money they should anticipate receiving as part of the settlement. RicePoint is hoping to send these letters by June 30, 2022. A letter enclosing a first cheque will follow shortly after this letter. A second distribution of funds will be made several months later.
HOW MUCH WILL I RECEIVE?
Our team is currently calculating the amounts that each Class Member will receive. That information is not yet available.
HOW ARE THE FUNDS BEING DISTRIBUTED?
Our team is using available records from Canada Cartage to divide the settlement funds among Class Members.
WILL ALL CLASS MEMBERS RECEIVE MONEY?
No. There is a minimum $50 requirement to receive a payment. If the computations do not indicate at least a $50 payment of settlement funds, then you will not receive any funds.
This is most likely to happen either if a Class Member was employed at Canada Cartage for a short period or if the Class Member did not work significant unpaid/underpaid overtime.
In addition, anyone who opted out of the class action will not receive any funds.
WHAT IF I DIDN’T KEEP ANY OF MY TIMESHEETS OR PAY STUBS?
Our team is using data from Canada Cartage’s pay records and trip management system to calculate Class Members’ payments. You do not need to provide time sheets, pay stubs or proof of employment.
WHO IS THE REPRESENTATIVE PLAINTIFF?
The representative plaintiff is the plaintiff who is bringing the lawsuit on behalf of himself and all of the class members. Marco Baroch is the representative plaintiff in this class action. Marco worked as a shunter at a Canada Cartage location in Mississauga, Ontario for about seven years.
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