Class action lawsuit launched against Livingston International Inc. for unpaid overtime
On October 1, 2014, Roy O’Connor LLP, Sotos LLP and Goldblatt Partners LLP (formerly 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.
On November 17, 2016, the Ontario Superior Court of Justice certified the action. This means the lawsuit will proceed as a class action, if it does not settle before the trial.
The class is comprised of:
All current or former non-management employees of the defendant in its offices across Canada, who are or were employed, at any time on or after August 15,  in administrative, clerical, technical and supervisory job classifications or otherwise subject to the defendant’s overtime policy or policies.
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.