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Month: April 2022

A settlement has been reached!

A tentative settlement has been reached in this class action. The settlement, which is subject to court approval, provides that the corporate defendants will pay $450,000 to the class members, inclusive of legal fees, disbursements, administrative expenses and an honorarium to the plaintiff.

The settlement also provides that the corporate defendants shall classify destination staff as employees pursuant to the Employment Standards Act, 2000, S.O. 2000, c. 41 (“ESA”), the Employment Insurance Act, S.C. 1996, c. 23, and the Canada Pension Plan, R.S.C., 1985, c. C-8 (“CPP”) on a go-forward basis following final approval of the settlement.  “Destination staff” includes Directors, Coordinators, Trip Leaders/Bus Captains and any future positions performing substantively similar duties or roles under different job titles.

In accordance with the classification of destination staff as employees pursuant to the ESA, the corporate defendants will be required to implement a system to track and record their hours of work for the purposes of compensating hours of work and overtime and maximum allowable hours of work, and any other obligations imposed by the ESA or subsequent amendments..

The settlement was reached following a mediation between the parties, which took place in May 2021. The Minutes of Settlement can be read here .

The settlement, which is subject to court approval, will fully and finally resolve this class action. Following court approval, the settlement funds will be distributed to the class members for the claims arising during the class period. Payment will be made based on records provided by the defendants.

The Notice of Certification and Settlement Approval Hearing has been sent to class members by email and SMS text. The Notice is also available here. Class members, please read the Notice carefully.

Among other things, the Notice:

  • provides details of the proposed settlement;
  • defines which employees and former employees are class members;
  • notes that the Settlement Approval Hearing has been set for June 27, 2022, and provides more information about the hearing. Instructions for viewing the hearing remotely will be provided at a later date; and
  • describes the opt-out process for any class members who do not wish to be included in the settlement. The deadline for opting-out is May 15, 2022. Class members who opt-out will not be entitled to share in the benefits of the settlement. The opt-out form can be found at the end of the Notice.


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