In Montaque v. Handa Travel Student Trip Ltd., the Ontario Superior Court recently approved a settlement in what the Court has stated is Canada’s first “volunteer misclassification” class action. Factual Background In 2020, a class action was certified against four related companies that operated a travel business selling vacation tours to students. The certified class…
Practice Area: Litigation - Class Actions
Class Action Dismissed in Favour of Defendant
In Rebuck v. Ford Motor Company, the Ontario Superior Court recently granted the defendants’ motion for summary judgment to dismiss the plaintiff’s class action. The class action involved an allegation of misleading advertising under the federal Competition Act. Factual History In 2014, a consumer filed a lawsuit after noticing that the miles per gallon (MPG)…
Appellate Court Considers Certification Under Class Proceedings Act, 1992 and Requirement That Pleadings Disclose a Cause of Action
In Bowman v Ontario, the Ontario Court of Appeal considered a motion for certification of a class action under the Class Proceedings Act, 1992 (CPA) which was dismissed by a certification judge. The Court of Appeal allowed the appeal in part, concluding that the judge erred in holding that the proposed class action did not…
Class Action Brought by Off-Reserve Indigenous Children and Their Families Certified
In Stonechild v. Canada, Justice Phelan of the Federal Court recently certified a class proceeding brought on behalf of off-reserve Indigenous children and their families. Under the Federal Court system, this avoids the necessity or prospect of up to thirteen separate provincial and territorial class actions. The claim seeks to hold the government of Canada…
Ontario Court Requires “Robust” Notice to Allow Class Members to Choose Whether to Opt-Out of Employment Class Action
Justice Perell, writing for the Ontario Superior Court of Justice in the ongoing Heller v. Uber class action, required a robust Notice Plan and Notice of Certification to be provided that clearly sets out sufficient information to allow class members to make an informed decision about whether or not to exercise their right to opt-out…
Uber Employment Status Class Action Certified
Justice Perell of the Ontario Superior Court of Justice has certified a class action brought by Uber drivers in Uber Technologies Inc. v. Heller, finding that there were certifiable common issues with respect to whether drivers may have been misclassified as independent contractors within the meaning of the Ontario Employment Standards Act, 2000 (ESA). The…
Bonnie Roberts Jones
Bonnie Roberts Jones is counsel to Hicks Morley in its Toronto office. Having practised for 25 years, she provides advice on a wide range of civil and commercial matters including executive termination advocacy, shareholder disputes, directors’ liability, defamation and contractual disputes. Bonnie has significant class action experience, having acted on a number of these unique…
Ontario Tables Omnibus Legislation with Proposed Amendments to Employment Standards Act, 2000 and Class Proceedings Act, 1992
On April 15, 2021, the Ontario government tabled Bill 276, Supporting Recovery and Competitiveness Act, 2021, omnibus legislation which would, if passed, amend the Employment Standards Act, 2000 and the Class Proceedings Act, 1992, as well as a number of other statutes. Employment Standards Act, 2000 (ESA) Bill 276 would amend the payment of wages…
Advantage CPD: University Faculty Bargaining – Hot Topics Webinar
2021 is a big year for faculty bargaining in the University sector. To ensure you are ready, we have put together a webinar that flags the hot topics in the sector as you prepare to head to the bargaining table.
Ontario Moves Forward with Amendments to the Class Proceedings Act, 1992
Recent reforms to Ontario’s class action regime will come into effect on October 1, 2020. Ontario’s Smarter and Stronger Justice Act, 2020 (Act), which received Royal Assent on July 8, 2020, amends various statutes related to the province’s courts and justice system. Schedule 4 of the Act makes significant revisions to the Class Proceedings Act,…