The Ontario Superior Court of Justice has certified this lawsuit. That means that it can continue as a class action.
S-Trip Class Action Posts
The hearing to decide whether this case can continue as a class action is scheduled for Thursday, October 22. It will begin at 10:00 a.m.
You can watch the hearing by clicking on the Zoom video link below.
**Please join the hearing 10-15 minutes prior to 10 a.m., and remember to mute your microphone.
Join Zoom Hearing:
Meeting ID: 863 4021 7633
The motion for certification in the S-Trip class action has been rescheduled. Originally set to begin October 23, 2019, the motion has now been scheduled for April 21 and 22, 2020.
Stay tuned for further updates.
The plaintiff’s motion motion record and amended statement of claim have been served on the defendants.
The motion record sets out the plaintiff’s evidence supporting certification of the class action. The defendants must now prepare their responding motion record. After that, the parties may cross-examine the persons who submitted affidavits, and then the parties will prepare their written legal arguments.
CBC reports on the S-Trip class action. After the ads, skip to 9:44 in the video below to see the coverage:
The CBC reports today on the proposed class action against S-Trip.
As the report notes, college-age students and recent graduates are hired by S-Trip to accompany students on group vacations as Trip Leaders. They are told to expect 14-hour workdays, but are not paid. Instead, they are referred to as “volunteers” and are given an n honorarium ranging from $150 to $300, out of which they are expected to pay for their S-Trip uniform.
As CBC explains:
The lawsuit from Ottawa and Toronto-based law firm Goldblatt Partners LLP alleges S-Trip “trip leaders” weren’t properly classified as employees and didn’t get paid at least minimum wage for the hours they worked.
The law firm believes those practices violate Ontario labour laws.
“Quite simply, these aren’t volunteers,” said Josh Mandryk, the lawyer working on the case. “This is a for-profit company; it’s in business to make money and these are its front-line workers.”
The representative plaintiff, D’Andra Montaque, supervised a group of students who travelled to Cuba in 2017 – an experience she describes as “… a lot of work, … intense, very hard and exhausting.” She received a $150 honorarium for her week’s work, from which $80 was deducted for the S-Trip uniform.
Goldblatt Partners LLP has served a statement of claim in a proposed class action against four related companies: Handa Travel Student Trip Ltd. o/a I Love Travel, Campus Vacations Holdings Inc., 2504027 Ontario Inc. o/a Breakaway Tours and 2417988 Ontario Inc. o/a S-Trip! (collectively referred to as “S-Trip”).
The statement of claim alleges, among other things, that S-Trip violated the Employment Standards Act, 2000 (the “ESA”) and its contracts of employment with Trip Leaders by misclassifying the Trip Leaders as “volunteers” and failing to pay them wages, overtime, vacation pay and public holiday pay in accordance with the ESA.
The class members covered by this proposed class action are all Trip Leaders who worked for S-Trips on trips commencing in or departing from Ontario since May 18, 2016.
If you have been a Trip Leader for S-Trip since May 18, 2016 and think you may be a member of the class, register here for more information.