On June 26, 2020, the Supreme Court of Canada released Uber Technologies Inc. v. Heller and dismissed an appeal of the Ontario Court of Appeal’s decision which held that the arbitration clause in Uber’s standard form services agreement (Agreement) was invalid both because it was unconscionable and because it contracted out of mandatory provisions of the Employment Standards Act, 2000 (ESA). We previously reported on the Court of Appeal decision.
Tag: Class Actions
Court of Appeal Dismisses Overtime Eligibility Class Action Certification Appeal
On October 6, 2014, the Court of Appeal for Ontario unanimously dismissed an appeal from the Ontario Divisional Court’s decision[1] dated April 23, 2013 which in turn dismissed an appeal from a decision dated April 27, 2012, dismissing a motion for certification of a claim regarding eligibility for overtime pay as a class action.[2] The…
The American Bar Association’s International Labor & Employment Law Committee Newsletter Publishes an Article by Jennifer Del Vecchio
An article authored by Hicks Morley’s Jennifer Del Vecchio was published in the March 2014 edition of the American Bar Association’s International Labor & Employment Law Committee Newsletter. The article entitled, “Supreme Court of Canada Authorizes Québec Class Action Regarding Reduction of Retiree Benefits” discusses the Supreme Court of Canada’s decision in Vivendi Canada Inc. v….
John Field and Lauri Reesor Quoted in Canadian Labour Reporter
Hicks Morley’s John Field and Lauri Reesor were quoted in the May 27, 2013 edition of Canadian Labour Reporter in an article entitled, “Navistar workers lose bid for class-action lawsuit.” The article discusses the Ontario Superior Court’s recent dismissal of a proposed class action brought by unionized employees who alleged that they were constructively or…
Proposed Class Action Dismissed: OLRB has Exclusive Jurisdiction
On May 9, 2013, the Ontario Superior Court dismissed a proposed class action brought by unionized employees who alleged that they were constructively or wrongfully dismissed following a plant closure by their employer, Navistar. Collective agreements had expired two years prior to the plant closure. The Court held that the continuation of the collective bargaining…
Overtime Eligibility Class Action Certification Dismissal Upheld on Appeal
On April 23, 2013, the Ontario Divisional Court unanimously dismissed an appeal from a decision of Justice Strathy in which he denied a motion for certification of a proposed class action against CIBC and CIBC World Markets. We summarized the lower court decision in a previous FTR Now. In this FTR Now, we provide an…
John Field Mentioned in The Lawyers Weekly
Hicks Morley’s John Field was mentioned in the March 1, 2013 edition of The Lawyers Weekly in an article entitled, “Case shows individual nature of constructive dismissal”. The article discusses the Ontario Divisional Court’s decision in Kafka V. Allstate Insurance Co. of Canada where the Divisional Court unanimously upheld the Class Proceedings Judge’s decision which…
Overtime Class Action Update
On June 26, 2012, the Court of Appeal for Ontario released three decisions in proposed overtime class actions in the latest development respecting claims for overtime by current and former employees. This FTR Now discusses these decisions. The first two cases were heard by the Court of Appeal consecutively and involve proposed class proceedings against…
Overtime Eligibility Class Action Certification Motion Dismissed
On April 27, 2012, Mr. Justice George Strathy of the Ontario Superior Court of Justice released his decision in which he dismissed a motion for certification of a proposed class action brought by Michael Brown and Brian Singer, on behalf of current and former “Analysts,” “Investment Advisors” and “Associate Investment Advisors” employed by the Canadian…
There is Nothing Common About a Constructive Dismissal
In the first case of its kind, the Ontario Superior Court of Justice has denied a motion for certification of a class action for constructive dismissal on the basis that it lacked the essential element of commonality. The decision has very significant implications for employers, particularly in the context of employers’ approaches to managing and…