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).
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 and also seeks to challenge various aspects of Livingston`s overtime policy.
The allegations in the statement of claim have not been proven in Court. The merit of the allegations in the claim will be addressed if and when the case proceeds toward trial (as discussed below).
Statement of Claim – To view or download a copy of the Statement of Claim please click here.
UPDATE – November 17, 2016 – Certification Motion & Next Steps – 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. This action will now proceed towards a trial of the common issues.
An official, court-approved notice of certification summarizing class members’ rights in relation to this action will be published on a date to be determined by the Court.
Further updates updates will be posted to this website as the action progresses.
More Information/Register as a Class Member
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 Rory McGovern at 416-977-0007 or Rmcgovern@sotosllp.com.
Register as a Class Member - You may also register as a class member by clicking here.