No Ship Without A Captain – Class Action Decertified In Absence Of Suitable Representative Plaintiff

Overview

In Azar v Strada Crush Limited, Justice Morgan of the Ontario Superior Court of Justice, considered whether to re-appoint a previously disqualified representative plaintiff, despite his problematic post-certification conduct. In view of the conduct of the representative plaintiff and with no suitable replacement available, Justice Morgan decertified the class action.

Background and decision

Azar v Strada Crush Limited  involved a class action in which employees of the defendant company claimed for unpaid overtime wages. Justice Morgan certified the class in August 2018, at which time the court determined that the representative plaintiff, George Azar, was an appropriate representative of the class.