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Montaque v. S-Trip

October 24, 2020

Employment Law Class Action

What the class action is about

This proposed class action is brought against four related companies – Handa Travel Student Trip Ltd. o/a I Love Travel, Campus Vacations Holdings Inc., 2504027 Ontario Inc. o/a Breakaway Tours, and 2417988 Ontario Inc. o/a S-Trip! (together “S-Trip”).

The statement of claim alleges, among other things, that S-Trip violated the Employment Standards Act, 2000 (the “ESA”) and its contracts of employment with Trip Leaders by misclassifying Trip Leaders as “volunteers” and failing to pay them wages, overtime, vacation pay and public holiday pay in accordance with the ESA. The claim seeks various damages, including for unpaid wages, overtime, and Canada Pension Plan and Employment Insurance Act premiums.

The claim has been filed on behalf of all Trip Leaders who worked for S-Trip on trips commencing in or departing from Ontario since May 18, 2016.

The proposed representative plaintiff is D’Andra Monteque, who worked as a Trip Leader for S-Trip in 2017. More details of the proposed class action are available at s-tripclassaction.com.

Read the statement of claim.

Updates

October 24, 2020:  Class action certified!

The Ontario Superior Court of Justice has certified this lawsuit, which allows it to continue as a class action. You can read the decision here.

October 20, 2020:  You can attend the certification hearing!

The hearing to decide whether this case can continue as a class action is scheduled for Thursday, October 22.  It will begin at 10:00 a.m.

You can watch the hearing by clicking on the Zoom video link below.

**Please join the hearing 10-15 minutes prior to 10 a.m., and remember to mute your microphone.

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September 29, 2020:  Statement of Claim amended and served; New certification date set

The motion for certification scheduled for April was postponed and has now been rescheduled for October 22, 2020.

The plaintiff has amended the statement of claim again, after receiving leave of the court. You can read the Amended Amended Statement of Claim here.

October 2, 2019:  Motion for certification rescheduled

The motion for certification in the S-Trip class action has been rescheduled. Originally set to begin this month, the motion has now been scheduled for April 21 and 22, 2020.

March 1, 2019:  Motion Record and Amended Statement of Claim have been served

The plaintiff’s motion motion record and amended statement of claim have been served on the defendants.

The motion record sets out the plaintiff’s evidence supporting certification of the class action. The defendants must now prepare their responding motion record. After that, the parties may cross-examine the persons who submitted affidavits, and then the parties will prepare their written legal arguments.

Read the evidence in the plaintiff’s motion record here.

Read the amended statement of claim here.

Lawyers

Charles Sinclair, Joshua Mandryk, Jody Brown

Practice Areas

Civil Litigation, Class Action Litigation, Employment Law