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Hopman v. Starbucks Coffee Canada Inc.

January 26, 2024

Unpaid Overtime Class Action

What this class action is about

The proposed class action has been commenced on behalf of all current and former employees of Starbucks Coffee Canada Inc. (“Starbucks”) who held the position of Store Manager at Starbucks-operated stores in Ontario from October 1, 2014 to the date of certification.

The statement of claim alleges, among other things, that Starbucks Store Managers in the Province of Ontario are “working managers” who are entitled to overtime pursuant to Ontario’s Employment Standards Act, 2000 (the “ESA”). It maintains that Starbucks violated the ESA and its contracts of employment with its Store Managers by misclassifying them as exempt from overtime under the ESA and failing to pay overtime pay in accordance with the ESA.

The Plaintiff, Trevor Hopman, resides in Toronto, Ontario. He was employed as a store manager at Starbucks from 2010 to 2017.

Read the Amended Amended Statement of Claim here.

Find out more at the Starbucks Canada class action site.

Updates: 

January 26, 2024: Scheduling update

The parties are currently exchanging productions and preparing for examinations for discovery. During these examinations, key witnesses will be questioned in advance of a trial. Further updates will be provided regarding the schedule for discoveries.

October 31, 2022:  Scheduling update

The parties have agreed upon the following schedule for next steps in this action:

January 13, 2023: Exchange of Affidavits of Documents and Productions

May 31, 2023: Completion of Examinations for Discovery

For more information, contact one of the lawyers listed below.

February 17, 2022 – Class action certified

On February 17, 2022, Justice Belobaba of the Superior Court of Justice certified this class action.  A copy of the Certification Order can be found here.  A copy of the Notice of Certification can be found here.

The class action will proceed in accordance with the following court-approved timetable:

  • February 28, 2022: Publication of Notice of Certification (However, delivery of notices sent by mail may follow within a reasonable time thereafter)
  • March 31, 2022: Delivery of the Statement of Defence
  • April 15, 2022: Opt Out Deadline
  • May 31, 2022: Discovery Plan
  • September 16, 2022: Exchange of Affidavits of Documents and Productions
  • November 30, 2022: Completion of Examinations for Discovery
  • January 23, 2023: Completion of motions arising from the discovery process, if any
  • March 31, 2023: Set down trial of the common issues

For more information, contact one of the lawyers listed below.

January 21, 2022: Certification hearing scheduled

A certification hearing for this class action is scheduled for February 17, 2022. The motion for certification will not be opposed by Starbucks. The motion will take place by videoconference. Stay tuned for more details.

The plaintiff’s motion record can be found at the Starbucks Canada class action site.

Lawyers

Charles Sinclair, Christine Davies, Joshua Mandryk, Geetha Philipupillai

Practice Areas

Civil Litigation, Class Action Litigation, Employment Law