Amazon Delivery Drivers
This case alleges that Amazon breached employment laws by failing to pay delivery drivers for their minimum employment standards (including minimum wage, overtime pay and statutory holiday premiums) since 2016.
Amazon is Canada’s largest online retailer. The case alleges that, while it employs delivery drivers through intermediaries known as Delivery Service Providers, Amazon is, in fact, the employer or common employer of all Amazon delivery drivers in Canada. As a result, Amazon is responsible for complying with Canadian employment laws and ensuring its drivers are properly compensated.
The court will decide at a later date if the case will proceed as a class action.
The case seeks to represent all current and former workers delivering packages for Amazon in Canada employed by a Delivery Service Partner since January 1, 2016 and all current and former workers delivering packages for Amazon in Canada through the Amazon Flex app since January 1, 2016.
- September 4, 2024: The appeal will be heard on February 12, 2025.
- August 8, 2024: The Supreme Court of Canada declined to grant leave to appeal the January 2024 decision of the Superior Court of Justice. This means that some drivers’ claims to be treated as employees of Amazon have been stayed (ended) by the courts. While this means that the claims of some drivers can no longer be part of the class action, other drivers still have live appeals pending before the Ontario Court of Appeal.
- January 26, 2024: The Ontario Superior Court of Justice granted Amazon’s motion to stay and dismissed the Plaintiff’s motion for certification. The Plaintiff is appealing the decision and a hearing before the Court of Appeal for Ontario is scheduled to be heard on June 10, 2024.
- May 9, 2023: Certification Motion and Cross Motion to Stay hearing scheduled before Justice Perell.
- December 6, 7, 8, 2022: Certification Motion and Cross Motion to Stay scheduled to proceed.
- June 12, 2020: Plaintiff issued Statement of Claim in the Ontario Superior Court of Justice.
- Reasons for Decision, released Jun 19, 2023
- Statement of Claim, issued June 12, 2020
- Amazon delivery drivers in Canada launch $200 million class action claiming unpaid wages, Toronto Star, June 26, 2020
What is a class action?
A class action is a special form of lawsuit in which one plaintiff brings a claim against one or more defendants based on allegations which are common to a group, or class, of people. In order for the action to become a class action, it must proceed through a stage known as “certification”.
Who brings a class action lawsuit forward?
A statement of claim is issued on behalf of a “representative plaintiff”. The representative plaintiff’s role is to work with class counsel to bring the action forward and to represent the class members in court.
What is certification?
In order for an action to proceed on behalf of the entire class, a judge must decide (among other things) whether the members of the proposed class have common issues, and whether a class action is the preferred way to resolve the issues. The process to decide these issues is known as the “certification motion”. If the judge is satisfied that the case meets all of the requirements for certification, he or she will issue an order which certifies the action as a class action.
Do I have to do anything to “join” the lawsuit?
No. If the lawsuit is certified, and you are included in the class as defined, you are automatically included in the lawsuit.
Once I am part of the class do I have to do anything?
No. We will work primarily with the class representative.
What if I do not want to be included in the lawsuit?
Those who do not wish to remain in the class will be given the option to opt-out by sending an opt-out form at the appropriate time to us.
What are the benefits of proceeding as a class action?
Certification as a class action will enable us to prove the facts in a single lawsuit rather than in numerous individual lawsuits. This has obvious benefits to the class members and to the courts.
How long does it take for a class action to be resolved?
There is no timeframe. We will move the case forward diligently but it can take a considerable period of time to reach trial.
Can a class action lawsuit be settled without going to trial?
Many class actions settle and thereby remove the need for a trial. However, we cannot predict with any certainty whether or not there will be a settlement in a given action.
What are the chances of winning the action?
The chances of “winning” can never be accurately predicted.
Will be liable for any costs or legal fees?
Class action lawsuits are typically brought on a contingency fee basis. This means that the lawyers will only be paid if the action is successful at trial or results in a settlement in favour of the plaintiffs. Legal fees would then be paid out of the settlement or judgment proceeds as approved by a judge.
Disbursements (i.e. out-of-pocket expenses, including expert reports) may be dealt with in one of two ways.
Most commonly, the lawyers will absorb the cost of disbursements. The lawyers may seek funding assistance from the Class Proceeding Fund, which may provide funding for disbursements if granted.
In some cases, disbursements may be funded by the class members, including the class representative. This typically occurs in smaller class actions brought on behalf of an organization or network of individuals where each member of the class is easily identifiable and known to the representative plaintiff. If the class action is successful, amounts advanced for disbursements are re-paid from the proceeds of any judgment or settlement to class members (and others).
Will I be liable for costs of the action if it is unsuccessful?
Only the class representative may be liable for costs of the common issues portion of the action if it is unsuccessful.
When can I expect to receive a payout from this class action?
A “payout” or an award for damages is never certain.
The action may settle or it may proceed to trial, at which time a judge will determine the amount of damages, if any, to which the class members are entitled to. Regardless, the amount of “payout” cannot be predicted, and we cannot predict when the action may settle or when the trial will conclude.
How will counsel keep me updated on the progress of the case?
If the lawsuit is certified as a class action, you will receive a formal notice from the court explaining the nature of the case and providing you with the opportunity to opt out if you wish. General information about the lawsuit will be posted on Sotos LLP’s website at https://www.sotosclassactions.com.
Where can I send any documents that I have that may be relevant to a class action?
We ask that you keep a copy of any documents, correspondences, records, invoices, receipts, etc. that you feel might be relevant to your individual claim in the class action. If there is a “payout,” this documentation may be required in order to support your claim for compensation.
It is not required that you send any documents to us at this time.