McCracken v. Canadian National Railway Company
Class Action Costs: Overtime Pay Under Canada Labour Code
Summary
This is a costs ruling in a class proceeding concerning overtime pay claims under the Canada Labour Code. The court addressed the determination of the 'successful party' and applied costs principles adapted to the realities of class proceedings to facilitate access to justice. Costs were awarded to the plaintiff’s class counsel on a partial indemnity scale.
Outcome
Costs awarded to plaintiff's class counsel
Award
Costs awarded to class counsel on a partial indemnity scale
Key Factors
- class action certification
- costs in class proceedings
- overtime pay
- Canada Labour Code
- access to justice
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This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.