On October 1, 2014, Roy O’Connor LLP, Sotos LLP and Sack Goldblatt Mitchell LLP launched a proposed class action lawsuit against Livingston International Inc. for unpaid overtime on behalf of a representative plaintiff (former employee). As set out below, this case was settled in 2019. Details of the court-approved settlement are set out below.

This case is brought on behalf of current and former non-management employees who are in administrative, clerical, technical or other support job classifications, and worked at any of Livingston’s offices across Canada.  The class would include, for example, import analysts, release clerks, file clerks, transportation staff, runners, scanners and accounting staff.

Livingston International is a leading customs broker and freight forwarding organization with offices located across Canada.  Goods are shipped into Canada at an extremely high volume.  Import and customs brokerage services at Livingston are performed on demand (whenever goods arrive) and are time sensitive.  The plaintiff’s statement of claim alleges that employees are not appropriately paid for overtime hours that they often work to get their jobs done in such circumstances.  The claim seeks payment for such unpaid overtime. Livingston denies the Plaintiff’s allegations.

Settlement Approved - As set out below, in late 2018 the parties agreed, subject to the approval of the Court, to settle this class action for a total of $19 million (including legal fees, disbursements and the costs of administering the settlement.). Following a hearing on June 21, 2019, the Superior Court Court Justice approved the  $19 million settlement, distribution protocol and class counsel’s fee request. This means that the settlement of this class action will proceed and that Class Members will receive compensation for their previously unpaid hours of work.

Next Steps in the Settlement - A distribution form and notice will be sent to the last known address of Class Members after July 31, 2019. The notice will tell Class Members how to ask for their share of the settlement.

Class Members who are current employees of Livingston will automatically receive their compensation.  If you are a class member who is a former employee of Livingston you can now ask for your share of the settlement.

Update -  The claims period has been extended to provide for further notification of additional former employees, who are members of the Class.  We expect that distribution of settlement money will begin in the early Spring.

To complete a settlement payment form online, please go to: www.livingstonintlclassaction.ca.

You can also complete and mail in a settlement payment form, but it must be received by no later than October 15, 2019. To download a copy of the form, please visit www.livingstonintlclassaction.ca.

Settlement Approval Orders

• Settlement Approval Order – Click here to view or download the order approving the settlement.
• Distribution Approval Order - Click here to view or download the order approving the distribution protocol.
• Fee Approval Order -  Click here to view or download the order approving Class Counsel’s fee request.

 

Proposed Settlement - In late 2018 the parties agreed to settle this case for a total of $19 million (including legal fees, disbursements and the costs of administering the settlement.)

The settlement is subject to approval by the Court.  The settlement approval hearing will be held at 10:00 am on June 21, 2019 at the Court House at 491 Steeles Avenue East, Milton Ontario.

• Notice of Settlement Approval Hearing – Click here to view of download the court-approved notice of Settlement Approval Hearing.
• Settlement Agreement – Click here to view or download the Settlement Agreement.
• Proposed Distribution Protocol – Click here to view or download the Proposed Distribution Protocol.

Livingston does not admit any liability, wrongdoing or fault in this matter, and the agreement to settle this matter does not imply any such liability, wrongdoing or fault on the part of Livingston.

Certification Motion – The Certification Motion was heard in Milton, Ontario on September 26 & 27, 2016. In Reasons for Decision released on November 17, 2016 the Ontario Superior Court of Justice certified this action as a class proceeding. Class Members should refer to the court-approved notices of certification below for a summary of their rights under the certification.         

• Court-Approved Notice of Certification (English) – Click here to view or download the court-approved Notice of           Certification.
• Court -Approved Notice of Certification (French) - Cliquez ici pour consulter ou télécharger l’Avis de certification approuvé par le tribunal. 

Further updates updates will be posted to this website as the action progresses.

More Information/Register as a Class Member

Statement of Claim – To view or download a copy of the Statement of Claim please click here.

More Information - If you are a current or former Livingston employee who may be class members and have questions or comments, want to receive updates on the class action, or would like to share your experiences, please contact  James Katsuras at 416-362-1989 or jk@royoconnor.ca.

Register as a Class Member - You may also register as a class member by clicking here.