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Security guards win $2.9 million payout after failing to receive wages

July 14, 2020

$2.9 Million Settlement Reached in Primary Response Class Action

Kionna Horner and Goldblatt Partners LLP are pleased to announce that the parties have reached a settlement in the proposed unpaid wages and unlawful deductions class action, Horner v. Primary Response Inc. et al.

Pursuant to the settlement, which is subject to court approval, Primary Response Inc. and Garda Canada Security Corporation 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 class action was launched in August 2018. It concerns alleged historical wrongdoing spanning from February 27, 2011 to January 15, 2018, the effective date of the purchase of Primary Response by Garda.  As a result of the purchase, the former Primary Response employees became an accretion to the bargaining unit covered by Garda’s collective agreement with the United Steelworkers.

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

The Toronto Star reported on the settlement today:

Josh Mandryk of Toronto-based labour law firm Goldblatt Partners, which represented security guards, said the settlement provides “access to justice for thousands of precarious workers who’d otherwise face significant barriers to enforcing their rights at work.”

“This settlement provides a speedy resolution to the historical claims of the class members, which we hope comes as welcome financial support during the COVID-19 crisis,” added co-counsel Christine Davies.

You can read the Star article here.

More information here.


Joshua Mandryk, Christine Davies

Practice Areas

Civil Litigation, Class Action Litigation, Employment Law