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ARTICLE · 13 JULY 2023

The Class Has Spoken: Ontario Court Decertifies Employment Misclassification Class Action

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Can a procedural regime designed to foster access to justice become a vehicle for denial of justice? In Navartnarajah v. FSB Group Ltd., 2023 ONSC 2574, Justice Morgan...

CanadaEmployment and HR
Genevieve Cantin
Genevieve Cantin
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Can a procedural regime designed to foster access to justice become a vehicle for denial of justice? In Navartnarajah v. FSB Group Ltd., 2023 ONSC 2574, Justice Morgan answered "yes" to this question and proceeded to decertify a class action that had asked the Court to rule on whether workers were "employees" or "independent contractors."

Navartnarajah was an employment misclassification class action commenced on behalf of insurance sales agents. The class claimed that they were employees rather than independent contractors and sought damages relating to an alleged failure to compensate sales agents for benefits prescribed by the Ontario Employment Standards Act, 2000 (the "ESA").

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