Experience Class Actions Cervantes v. Pizza Nova Take Out Ltd. and others

Cervantes v. Pizza Nova Take Out Ltd. and others

February 07, 2024

Employment Law Class Action

What this class action is about

Goldblatt Partners LLP is counsel in a proposed class action against Pizza Nova Take Out Ltd., Pizza Nova Restaurants Ltd., and its franchisees who operate over 140 Pizza Nova store locations across Ontario (collectively referred to as “Pizza Nova”).

The proposed class action has been commenced on behalf of all contract delivery drivers who worked for Pizza Nova and/or any of its franchisees in Ontario since January 1, 2012.

The statement of claim alleges, among other things, that Pizza Nova violated the Employment Standards Act, 2000 (the “ESA”) and its contracts of employment with its delivery drivers by misclassifying them as “independent contractors” and failing to pay them minimum wage, overtime, vacation pay and public holiday pay in accordance with the ESA.

Read the Statement of Claim.

If you worked as a delivery driver for Pizza Nova at any time since January 1, 2012, you can find more information, and register for updates at pizzanovaclassaction.com.

Updates

February 7, 2024 – Cross-examinations are now complete

The parties have completed cross-examinations of the witnesses in the certification motion, including almost 40 defence witnesses. A certification hearing, where the judge will hear the parties’ evidence and argument on the question of whether the action should be certified as a class proceeding, will likely be scheduled in the coming months. We will provide further updates as they become available.

January 2022 – Certification motion delayed; cross examinations scheduled

The certification hearing scheduled for November was postponed so that the parties can conduct cross-examinations of witnesses. The cross-examinations are expected to take place in the spring. We will provide a further update when the certification hearing date has been rescheduled.

June 10, 2021 – Certification motion scheduled for hearing

The motion for certification has been scheduled to be heard by the Superior Court of Justice on November 24, 2021.  You can read the plaintiff’s motion material here.