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Aps v. Flight Centre

March 16, 2021

Unpaid Overtime Class Action

What this class action is about

We have filed a proposed class action for unpaid overtime against Flight Centre Travel Group (Canada) Inc. on behalf of all current and former travel consultants who worked for Flight Centre in Canada since December 2008 (the “class members”).

The Statement of Claim alleges, among other things, that Flight Centre violated applicable employment standards legislation and its contracts of employment with class members by failing to pay for overtime work.

Click here to read the Amended Statement of Claim.

For more information, and to register as a class member, visit the Flight Centre Class Action website.

Updates

March 2021:  Claims Deadline has passed

The Claims Deadline has now passed.  For further information and updates, please visit: https://www.flightcentresettlement.com/

December 16, 2020:  Class members may now make a claim – Deadline March 12, 2021!

Class members may now make a claim for their portion of the settlement funds. Make a claim here.

More information here.  Please note: The deadline for making a claim is March 12, 2021.

November 12, 2020:  Settlement approved!

The Ontario Superior Court of Justice has approved the parties’ settlement. You can read the decision here.

Information concerning the distribution of funds will be available in due course – stay tuned!

November 5, 2020:  You can attend the settlement approval hearing

The Settlement Approval Hearing will take place via Zoom on November 9, 2020 at 10 AM before the Honourable Justice Belobaba. See below for more information about the hearing.

Members of the Class and public may attend the approval motion hearing, but are not required to.  If you wish to attend the hearing on November 9, 2020 at 10 AM, [Zoom details deleted].

The Plaintiff’s motion materials are available here.

September 29, 2020:  Important information about the settlement approval hearing

The Superior Court of Justice has approved the Notice of Certification, Settlement, Distribution Protocol and Fee Approval Hearing. This notice of hearing will be sent to class members to ensure they know that a hearing will take place on November 9, 2020 to determine whether:

  • the class action will be certified
  • the settlement reached by the parties will be approved
  • the distribution protocol will be approved, and
  • the counsel fees will be approved

The court also approved the parties’ plan for sending the Notice to class members.

You can read the Notice of Certification and Settlement Approval, Distribution Approval, and Fee Approval Hearing here. It contains important information for class members.  La version française est disponible içi.

You can read the Distribution Protocol here.

Class members who wish to opt out of the class action should fill in and submit the Opt Out Form available here.

Read the court’s Order approving the Notice and the plan to disseminate the Notice here.

More information about the proposed settlement, claims procedure and opt-out process can be found at this website.

August 24, 2020:  The parties have reached a settlement!

The parties have reached a $7 million settlement in this proposed employment class action.

You can read the joint press release issued by the parties here.

Read the settlement agreement here.

The next step will be to get court approval for the settlement. Further details regarding the settlement approval hearing will be provided in due course. In the meantime, some of your questions may be answered in this Q&A we have prepared: FLIGHT CENTRE CLASS ACTION Q&A

February 3, 2020:  Plaintiff files an amended statement of claim

The plaintiff has filed an amended statement of claim, which you can read above.

December 13, 2019:  Plaintiff’s motion record has been filed

Before a claim can proceed as a class action, it must be certified by the Superior Court. We have now served and filed the Plaintiff’s motion record, which contains evidence supporting the motion to certify this class action.

The motion to certify the class action is scheduled to be heard in November 2020.

In the meantime, the defendant will prepare its evidence, and the parties will have an opportunity to cross-examine each other’s witnesses. Counsel will then have to prepare their factums – the written arguments they will use to try to convince the court that the claim should or should not be certified as a class action. All these other documents will be posted here as we receive or prepare them.

You can read the plaintiff’s evidence here.

Frequently asked questions about class actions.

Lawyers

Nadine Blum, Joshua Mandryk

Practice Areas

Civil Litigation, Class Action Litigation, Employment Law