Eklund v. GoodLife Fitness Centres Inc.
Employment Law Class Action
What this class action is about
Goldblatt Partners LLP has commenced a proposed class action for unpaid wages (including overtime) against Goodlife Fitness Centres Inc. on behalf of all current and former non-managerial employees who worked in Goodlife’s Ontario clubs since October 2014.
The class action does not seek to recover unpaid wages (including overtime) for personal trainers incurred at any time after July 7, 2016 at which time the personal trainers became represented by the Workers United Canada Council.
The Statement of Claim alleges, among other things, that Goodlife violated employment standards legislation and its contracts of employment with Class Members by requiring, permitting and/or suffering Class Members to work hours above those scheduled, including hours both above and below the overtime threshold, but failing to appropriately compensate Class Members as required for all hours worked.
The proposed representative Plaintiff, Carrie Eklund, worked for Goodlife as a personal trainer at Goodlife’s Bathurst and Richmond club in Toronto from November 2014 until August 2015.
Updates
October 2, 2019: Class action now complete
The Goodlife Class Action settlement has been fully administered and is now complete.
The amount donated to the Canadian Cancer Society was $261,939.18.
November 7, 2018: Latest information on payment of settlement money
TO CLASS MEMBERS:
GoodLife mailed settlement cheques to eligible class members on or about August 15, 2018.
If you believe you are entitled to a settlement cheque and have not received one, please contact Tanya Atherfold-Desilva immediately.
A term of the settlement, which was approved by the Court, specifies that, in the event a cheque provided to a class member pursuant to the settlement remains uncashed six months after it was mailed, the cheque will be considered stale and the funds will be donated to the Canadian Cancer Society.
July 3, 2018: Superior Court approves the settlement
The Ontario Superior Court of Justice has approved the settlement agreement. You can read the Court’s decision here.
The settlement agreement says that payment to class members will be made within 90 days of “final approval”. Final approval is defined as “approval by the Court of the Settlement Agreement, including the expiration of any appeal rights and/or the dismissal of any appeals in relation to such approval”.
This means that, in the absence of any appeal, payments should start to be made to class members in early August and be completed within 90 days.
To All Class Members: If you are entitled to receive a settlement cheque, the only action you need to take at this time is to ensure that your address is up to date with GoodLife. If you have moved, or believe that GoodLife no longer has your current address, please contact Alison Campbell.
Stay tuned for further information.
June 21, 2018: Hearing completed
The settlement approval motion was heard yesterday. The judge did not make a decision at the hearing, but we expect him to release a decision very soon. Stay tuned.
June 18, 2018: Read the plaintiff’s settlement materials
The plaintiff has filed her motion materials for the settlement approval hearing on June 20, 2018. The materials are available on the Goodlife Class Action website.
April 10, 2018: Notice of Certification
Class members: Please read the Notice of Certification and Settlement Approval Hearing. It explains the terms of the settlement, your legal rights and what will happen next.
April 9, 2018: The parties have reached a settlement
The parties have reached a settlement in this proposed unpaid wages class action.
Pursuant to the settlement, GoodLife will pay $7.5 million to the class members, plus the cost of mediation and $1 million for class counsel’s legal fees.
NOTE: The settlement is subject to court approval. A judicial approval hearing has been scheduled for June 20, 2018.
Further information for class members will be posted on this website and at the GoodLife Class Action website in the next few days.
February 6, 2018: Read the parties’ materials
The parties have filed their records on the motion for certification with the Ontario Superior Court of Justice. You can read the records at the GoodLife Class Action website. As previously noted, the certification hearing has been scheduled to begin on April 10, 2018.
June 22, 2017: Plaintiff has served her motion materials
The plaintiff, Carrie Eklund, has served her motion record for certification. The certification hearing has been scheduled to be heard from April 10-12, 2018 before Justice Belobaba of the Ontario Superior Court of Justice. This will allow time for GoodLife to put together its responding record, for the plaintiff to file a reply record, for cross examinations to take place, and for the parties to prepare factums (written legal arguments) for the court.
January 27, 2016: Class action expands to include other jurisdictions
The proposed class action against GoodLife Fitness Centres Inc. has been expanded nationwide. It will now include GoodLife clubs in B.C., Alberta, Saskatchewan, Manitoba, New Brunswick, Nova Scotia, Prince Edward Island and Newfoundland. There are no GoodLife clubs in Quebec or the Territories.
Lawyers
Charles Sinclair, Joshua Mandryk