Irwin v. Protiviti

Curtis v. Medcan Health Management Inc.

ESA Class Action: Vacation & Holiday Pay Compliance

This is a class action proceeding addressing whether the defendant maintained a reasonable system to ensure proper payment of statutory vacation and public holiday pay under the Employment Standards Act, 2000. The court is determining common issues related to ESA compliance, breach of employment contracts, and the scope of discovery and document production relevant to these statutory obligations.

Degirmenci v. Transasian Fine Cars Ltd.

ESA Termination & Severance: Frustration of Contract

This is an interlocutory application concerning the calculation of termination pay and severance pay under the Employment Standards Act, 2000, following a frustration of contract due to disability. The court addressed whether 'regular wages' for these statutory entitlements should be based on pre-injury earnings or the accommodated reduced-rate earnings from the last 12 weeks worked. The application was dismissed, with the court applying a plain reading of the statute and precedent from Hoekstra v. Rehability to calculate payments based on the last 12 weeks worked.

Wasylyk v. Lyft

Wasylyk v. Lyft: Arbitration Stay for Employment Misclassification

This is an interlocutory motion concerning a class action where the plaintiff alleged that Lyft drivers were employees under the Employment Standards Act, 2000. The defendant sought a stay of the class action in favor of arbitration, arguing the arbitration agreement was enforceable. The court granted the stay, finding the arbitration provisions were accessible, not unconscionable, and did not unlawfully contract out of statutory rights.

Seepersaud-Singh v. Pet Social

Unpaid Wages & Overtime: Employment Standards Award

This is a merits decision regarding an employment standards dispute where the plaintiff alleged she was an employee entitled to unpaid wages, overtime, and vacation pay. The court found that an employment relationship existed and awarded damages for the statutory entitlements, while dismissing alternative claims for unjust enrichment, constructive trust, and aggravated damages due to lack of evidence or legal basis.

DCL Corporation

This is a statutory interpretation case concerning the Wage Earner Protection Program Act (WEPP) in the context of a company's winding-up. The court addressed the construction of section 3.2 of the WEPP Act regarding employee claims during insolvency proceedings.