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ARTICLE · 28 NOVEMBER 2016

Overtime Class Actions Gaining Traction In Canada: Is The Oil Patch Next?

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On October 12, 2016, a former GoodLife personal trainer filed a class action lawsuit for $60 million in damages under Ontario's Class Proceeding Acts, 1992.

CanadaEmployment and HR
Justin Lambert
Justin Lambert
Christine Plante
Christine Plante
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On October 12, 2016, a former GoodLife personal trainer filed a class action lawsuit for $60 million in damages under Ontario's Class Proceeding Acts, 1992. The proposed class members include current and former non-managerial employees of GoodLife employed in Ontario since October 2014. The Action alleges, among other things, that GoodLife:

  • failed to maintain accurate records of all actual hours worked;
  • failed to advise employees of entitlement to overtime pay;
  • imposed an unlawful overtime policy; and
  • required and permitted employees to work more hours than scheduled, but failed to pay those regular and overtime hours.

This is one of a number of recent high-profile and high-stakes class actions by employees seeking compensation for unpaid overtime. In July 2016, the Ontario Superior Court of Justice approved the settlement of two unpaid overtime class actions filed by BMO Nesbitt Burns Inc. and Bank of Nova Scotia investment advisors (Rosen v BMO Nesbitt

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