Practice Area: Litigation - Class Actions

Alberta Court Permits Disclosure of City’s Workplace Sexual Misconduct Class-Action Settlement, Revealing $9.5 Million Payment to 155 Women

· 5 min read

The Court of King’s Bench of Alberta has permitted disclosure of settlement details in a class action lawsuit against the City of Leduc, revealing a payment of over $9.5 million to 155 female employees who experienced workplace sexual misconduct. This case represents both one of the highest compensation per person for workplace sexual misconduct claims…

Federal Court Dismisses $2.5 Billion Class Action Alleging Systemic Anti-Black Racism in Federal Public Service Hiring Decisions and Promotional Opportunities

· 4 min read

The Federal Court of Canada determined a class action that sought to address alleged systemic anti-Black racism and discrimination simply did not meet the procedural criteria to certify the action as a class proceeding. In this Common Ground, Hicks Morley’s Sean Reginio and Eleanor Vaughan examine the Court’s analysis.

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.”

Ontario Court Approves Modest $62,000 Settlement in Employee Misclassification Class Action

· 3 min read

In Morris v. Solar Brokers Canada Corp., the Ontario Superior Court of Justice approved a negotiated settlement of $62,000 in a class action arising from the alleged misclassification of individuals as independent contractors. The Court also approved class counsel fees in the amount of $20,000, leaving $42,000 to be distributed amongst the class. As a…

Court Stays Employee Misclassification Class Action in Favour of Arbitration

· 5 min read

In Wasylyk v. Lyft, the Ontario Superior Court of Justice issued a stay of a proposed employee misclassification class action in favour of private arbitration. The case provides an illustration of the factors that may support the enforceability of an arbitration clause in disputes related to the Employment Standards Act, 2000 (ESA). The plaintiff filed…

Court Certifies Class Action Relating to Improper Access of Medical Files

· 4 min read

In Welshman v. Central Regional Health Authority, the Supreme Court of Newfoundland and Labrador (Court) certified a class action in which the plaintiffs alleged that employees of the defendant, the Central Regional Health Authority, improperly accessed the private personal and medical information of 260 individuals outside of the scope of their employment. The Court’s decision…

Ontario Superior Court Reins In Proposed Discovery Plan and Common Issues

· 3 min read

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.