TORONTO, Sept. 15, 2015 /CNW/ - Lawyers from the law firm Lax O'Sullivan Scott Lisus LLP have received an Order from the Ontario Superior Court of Justice directing that notice be given of the certification of a $100 million national class action lawsuit against Canada Cartage Diversified GP Inc., Direct General Partner Corporation, and Canada Cartage System, Limited (collectively "Canada Cartage") regarding unpaid overtime. The notice reads as follows:
ARE YOU A CURRENT OR FORMER EMPLOYEE OF CANADA CARTAGE?
READ THIS NOTICE CAREFULLY. IT MAY AFFECT YOUR LEGAL RIGHTS
The Ontario Superior Court has certified a class action regarding unpaid overtime against Canada Cartage Diversified GP Inc., Direct General Partner Corporation and Canada Cartage System, Limited ("Canada Cartage").
What is the Case About?
The representative Plaintiff Marc-Oliver Baroch is a former Canada Cartage shunter. Mr. Baroch has sued Canada Cartage on his own behalf and on behalf of the "class members" described below for breach of contract, negligence and unjust enrichment. The core of Mr. Baroch's claim is an allegation that Canada Cartage had a policy or practice of avoiding or disregarding its obligations to pay overtime to class members in accordance with their contractual entitlements. The claim seeks $100 million in general and punitive damages.
The court has not taken any position as to the truth or merits of the claims or defences asserted by Mr. Baroch or by Canada Cartage, which will be determined at a trial of the common issues. In the event that the claim is successful, class members could be entitled to receive financial compensation from Canada Cartage. The lawyers for Mr. Baroch have entered into an agreement that provides they will only be paid in the event of success in the case and will receive a percentage of any recovery, subject to approval of the Court.
Who is Included in the Class Action?
If you were employed by Canada Cartage at any time between March 1, 2006 and January 30, 2015 and were entitled to receive overtime compensation under Canadian laws and regulations, then you are included in this class action as a "class member" unless you choose to take steps to "opt-out" of the class action by following the procedures set out below.
What Do I Need to Do?
If you are a class member and you want to continue to participate in this class action, no further action is required from you at this time. Depending on the outcome of the action, you may be bound by a judgment of the Court, whether favourable or not. However, if you do not opt-out of the class action, you may not be able to start a lawsuit against Canada Cartage in respect of the same issues and the same claims raised in this lawsuit.
If you want to "opt-out" of the proceeding, you will not be eligible to participate in the class action, including any settlement or court award in the event of success. To opt-out from this lawsuit, you must do so by December 31, 2015 by sending a note with your name, address, signature, date and a statement that you want to opt-out to: Lax O'Sullivan Scott Lisus LLP, 145 King St. W., Suite 2750, Toronto, ON M5H 1J8.
"Notifying class members of the Court's decision to certify this case as a class action is an important step in ensuring access to justice for affected Canada Cartage employees," said Eric R. Hoaken, a partner at Lax O'Sullivan Scott Lisus LLP. "Class members are entitled to learn of the existence of this lawsuit and understand the allegations made against Canada Cartage because their legal rights may be affected."
Additional information about this case is available at www.canadacartageclassaction.com.
SOURCE Lax O'Sullivan Scott Lisus LLP
Image with caption: "Lax O'Sullivan Scott Lisus LLP (CNW Group/Lax O'Sullivan Scott Lisus LLP)". Image available at: http://photos.newswire.ca/images/download/20150915_C3019_PHOTO_EN_496825.jpg
For further information: Eric R. Hoaken, Tel: (416) 645-5075, [email protected]