Class action lawsuit launched against Livingston International Inc. for unpaid overtime
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). The three law firms also represent the plaintiffs in a recently settled overtime case against Bank of Nova Scotia and an ongoing overtime case against Canadian Imperial Bank of Commerce.
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). Click here to view or download a copy of the Statement of Claim.
The next major step in this case will likely be the filing of affidavit material by the plaintiff in support of a motion to have this case certified as a class action. When a case is certified, the court effectively grants its approval or permission for the claim to be advanced by a representative plaintiff, who (as the title suggests) represents the class members in the action. In order to get a case certified, factual information should be presented to the court and certain legal tests must be satisfied. The factual experiences of members of the class may be relevant in that context. If you believe that you are a class member and are willing to share your experiences with counsel for the plaintiff, please click here to fill in the registration form. For its part, Livingston will have an opportunity to present its own affidavit evidence and arguments in the context of the motion to certify the proceeding. The time and place of the certification hearing (the motion requesting that the case be certified) will be addressed with the court and will be posted on this website after it is set. If the case is certified by the court to proceed as a class action, the case will move forward to a trial on the merits if it doesn`t settle before the trial.
If you are a member of the proposed class of employees, please do not hesitate to contact us with questions or comments. You can also register on this website in order, among other things, to receive updates on the case, please click here to fill in the registration form.