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Horner v. Primary Response Inc. et al.

April 20, 2021

Unpaid Wages/Overtime Class Action

What the class action is about

This proposed class action is for unpaid wages (including overtime) and unlawful deductions. The lawsuit was filed against Primary Response Inc. and Garda Canada Security Corporation (which purchased Primary Response in January 2018).

The action is brought on behalf of all current and former security guards who worked for Primary Response in the Province of Ontario since August 6, 2016.

The class action does not include security guards for any period during which their terms and conditions of employment were governed by a collective agreement.

The statement of claim alleges, among other things, that Primary Response violated the Employment Standards Act, 2000 (the “ESA”) and its contracts of employment with Class Members by requiring the Class Members to show up for work a minimum of fifteen minutes early, but failing to compensate them for this time.

The claim also alleges that Primary Response unlawfully averaged the overtime pay of the Class Members over a two-week pay period, despite the fact that its overtime averaging agreement had expired and its subsequent application for approval was rejected by the Ministry of Labour. The claim also alleges that Primary Response made uniform deductions from payroll which did not comply with the ESA.

For more information, and to read the statement of claim, go to primaryresponseclassaction.com

Updates

UPDATE: The deadline for submitting a claim has now passed.

January 15, 2021: Online form to apply for settlement funds is now live!

The online Administration Form to apply to receive settlement funds is now live. Instructions are set out on the Primary Response class action website.

December 15, 2020:  Court approves settlement

The Ontario Superior Court of Justice has approved the parties’ settlement agreement. Class members will find the Notice of Settlement Approval and other important information about making a claim at Goldblatt Partners’ Primary Response Class Action website.

December 9, 2020:  You can attend the Settlement Approval Hearing

You can attend the Settlement Approval Hearing scheduled for December 15th at 10 a.m. The Zoom link and other information can be found here.

November 13, 2020:  Message to class members

After receiving the “Notice of Certification and Settlement Approval Hearing”, a number of class members have reached out to us asking how they can complete the administration form to receive a payment under the settlement.

The administration form will only be available after the Superior Court approves the proposed settlement – we are going to court for this purpose on December 15th (see the October 9the update, below).

You do not need to take any further action at this stage if you wish to participate in the settlement.  If/when the settlement is approved, you will receive a further notice that will explain how to complete and submit the administration form to receive a payment.

We are in the process of preparing the court record to request court approval for the settlement. We will provide the court with copies of any communications from class members about the settlement. If you support the settlement, it would be helpful if you would send us an email which we could share with the Court. Emails may be sent to Tanya Atherfold.

October 9, 2020 – Date scheduled for settlement approval and more!

The settlement approval hearing has been scheduled for December 15, 2020.

This Notice of Hearing describes the proposed settlement in detail, including who it applies to, the details of the settlement, and the process by which class members will be compensated. The settlement must be approved by the Court before it is finalized. Class members have a right to take part in the approval hearing if they wish. The process for taking part in the approval hearing is set out in the Notice.  Avis de certification et d’audience d’approbation du règlement / de la répartition.

July 14, 2020 – The class action has been settled!

Kionna Horner and Goldblatt Partners LLP are pleased to announce that the parties have reached a settlement in this proposed unpaid wages and unlawful deductions class action.

Pursuant to the settlement, which is subject to court approval, Primary Response Inc. (“Primary Response”) and Garda Canada Security Corporation (“Garda”) will consent to the certification of the class action, and Primary Response will pay $2.9 million to the class members, inclusive of legal fees, disbursements, administrative expenses and an honorarium to the plaintiff. The settlement was reached following a two-day mediation between the parties with experienced mediator William Kaplan.

The settlement, which is subject to court approval, will fully and finally resolve the Primary Response class action. Following court approval, the settlement funds will be distributed to the class members for the historical claims arising during the class period.

Click here to read the settlement agreement.  And check out the Primary Response class action website.

January 13, 2020 – Motion for certification rescheduled again; other dates set

The certification hearing has been rescheduled to May 7-8, 2020.

Cross-examinations on the affidavits submitted for the motion for certification are scheduled to take place in January and April 2020.

The mediation, previously scheduled for December 2019, has been rescheduled to take place in April 2020.

October 2, 2019 – Motion for certification rescheduled

The motion for certification scheduled for December has been rescheduled to March 11-12, 2020. Primary Response Inc. and Guarda Canada Security Corporation have served their motion records on the plaintiff. The motion records contain the evidence the defendants will put forward in the motion to have the class action certified. Cross-examinations for the motion for certification are scheduled to take place in January 2020. The mediation, previously scheduled for December 2019, will be rescheduled to take place in early 2020.

Read the defendants’ evidence here.

February 1, 2019 –  Plaintiff’s certification material filed

The certification hearing has been scheduled for December 19 and 20, 2019.  We have filed the certification motion record in this class action. The next steps will be for the defendants to file their motion record and for the parties to cross-examine the people who have sworn affidavits, if required. The parties will then file written legal arguments in preparation for the hearing.

You can read the plaintiff’s motion material here.

Lawyers

Charles Sinclair, Joshua Mandryk

Practice Areas

Civil Litigation, Class Action Litigation, Employment Law