In Omarali v. Just Energy, Justice
Belobaba of the Ontario Superior Court of Justice held that the
court's advanced fact-finding powers on summary judgment are
limited in a class proceeding where the case management judge hears
the summary judgment motion.
In that case, the defendant is an energy sales company, which
sells consumer contracts for electricity and natural gas. Its sales
in this space are largely conducted by door-to-door salespeople.
The plaintiff alleged that the defendants' 8,000 sales agents
were misclassified as independent contractors, when they should
have been classified legally as employees, and therefore entitled
to the benefits and protections of the Employment Standards Act, 2000. The
action was certified as a class proceeding in 2016, with two of the
common issues being:
