Ontario Superior Court Reins In Proposed Discovery Plan and Common Issues

In Curtis v. Medcan Health Management Inc., Justice Perell of the Ontario Superior Court reined in the scope of the plaintiffs’ proposed discovery plan and constrained the scope of the certified common issues in an ongoing employment class action. This class action relates to an allegation of unpaid vacation and public holiday pay. As we…

Eleanor Vaughan Quoted in Canadian HR Reporter Article About Recent Class Action Settlement

Canadian HR Reporter interviewed Hicks Morley’s Eleanor Vaughan for an article titled, “When small errors add up: Federal Court awards $817 million for class action benefits underpayment.” In light of the recent decision Manuge v. Canada, Eleanor notes how payment errors and other employment-related issues can open employers up to risk and how class action liability in those cases can be significant.

Federal Court Approves $817 Million Settlement in Disability Class Action

Class action proceedings often end in negotiated settlements. Those settlements (which must be approved by a court) can be significant in monetary terms. In Manuge v. Canada, the Federal Court recently approved the settlement of a class action arising from the alleged miscalculation and underpayment of disability pension benefits for members and veterans of the…

Ontario Court of Appeal Clarifies Transition Provision in Class Proceedings Act, 1992

Ontario’s class proceedings legislation was amended in 2020 and the Ontario courts have recently addressed the question of “transition” for cases begun under the “old” version of the legislation. In Martin v. Wright Medical Technology Canada Ltd., the Ontario Court of Appeal confirmed that there is a “bright line” between actions started under the Class…

Ontario Court Considers New Preferable Procedure Test

One of the important parts of the test for certification of a proposed class proceeding is that a class proceeding would be the preferable procedure for the resolution of the common issues. In Banman v. Ontario, the Ontario Superior Court of Justice (Court) provided the first detailed interpretation and application of the revised preferable procedure…

The Law Society of Ontario: 24th Employment Law Summit

Employment law is always evolving. Every year sees a raft of new decisions from all levels of court as well as a number of legislative initiatives. At this year’s event, Elisha Jamieson-Davies will co-present a session titled, “Class Action Matters.”

Agatha Suszek

Agatha Suszek is a labour and employment lawyer in Hicks Morley’s Toronto office. She represents and advises employers on a variety of matters related to employment law and human rights. She regularly advises her clients on a number of workplace-related issues including privacy, discrimination, accommodation and discipline. Agatha serves a variety of clients including private companies and public institutions.

Court Considers Appropriate Pleadings in Class Action Context

In a recent development in Ottawa’s “convoy class action,” Justice MacLeod of the Ontario Superior Court provided a helpful review for litigants of what will be considered an appropriate pleading under the Rules of Civil Procedure particularly in the class proceedings context. Background Li v. Barber is a proposed class proceeding commenced by an Ottawa…

Ontario Court Approves Settlement Amount in Employee Misclassification Class Action

In Phillip v Deloitte Management Services LLP et al, the Ontario Superior Court recently approved a $2.4 million dollar settlement in a class action alleging employee misclassification and breaches of the Employment Standards Act, 2000 (ESA). The class action commenced nearly 8 years ago and involved approximately 500 individuals who provided document review and e-discovery…