Livingston International
This action is 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.
The statement of claim alleges that employees were 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.
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- January 10, 2022: The final installment of cheques has been sent to all class members.
- July 30, 2020: The first installment of compensation cheques were mailed out to all class members who made a claim and to all class members who were current employees in the class period. The second installment of cheques will be sent out at the end of May, 2021.
- July 24, 2020: The Claims Administrator has advised that payments will be mailed at the beginning of August.
- June 3, 2020: We have been working alongside the Administrator to deliver compensation to class members who have submitted claims as soon as reasonably possible. However, the pandemic and other events beyond our direct control have impacted this process. This includes efforts, as approved by the Court, to take additional steps in an attempt to locate various class members. Our best estimate as to the timing for delivery of compensation to class members is 30 days. If your mailing address has changed, please contact us.
- April 14, 2020: The administrator and class counsel are now preparing to deliver the first distribution of settlement funds. The cheques for the first distribution should be mailed in May to the addresses that class members have provided to the administrator.
- January 15, 2020: 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.
- August 1, 2019: If you are a class member you can now ask for your share of the settlement.You must ask for your share of the settlement by October 15, 2019, otherwise you cannot get any money from the settlement.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.To read the court notice about the distribution of the settlement, click here (English, French).
- June 21, 2019: Justice Gray approved the settlement, distribution protocol and fees application. RicePoint Administration Inc. has been appointed as the claims administrator. Further notice of the distribution process, including administration forms for Class Members who are former employees, will be distributed in the beginning of August. In the meantime, please refer to www.livingstonintlclassaction.ca for more information and further updates.
- April 10 & 11, 2019: Justice Gray appointed Chris G. Paliare as amicus to assist the Court with respect to the reasonableness of the settlement agreement and class counsel’s fees and disbursements. An amicus curiae is someone who is not a party to a case , but who assists the court by furnishing information or advice regarding questions of law or fact.
- April 9, 2019: Justice Gray approved the Notice of Hearing for the Motion for Settlement Approval, Distribution Protocol Approval and Fee Approval. The hearing will take place in Milton on June 21, 2019 at 10:00 am. For more details, visit livingstonintlclassaction.ca.
- November 17, 2016: Justice Gray of the Ontario Superior Court of Justice ordered that the class action brought on behalf of current and former employees of Livingston International Inc. be certified as a class action. The class action alleges that, since August 15, 2007, Livingston has failed to pay class members compensation for overtime worked.
The class action will now proceed to trial. A copy of the certification decision can be found here. The notice of certification can be here, English and French. - November 17, 2016: Class Action against Livingston International Inc. was certified. Decision of Certification of Judge Gray.
Settlement
The parties have agreed to settle the Livingston International Inc. unpaid overtime 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 on June 21, 2019 at 491 Steeles Avenue East, Milton Ontario.
The Notice of Settlement Approval Hearing can be found here.
The Settlement Agreement can be found here.
- Justice Gray’s Endorsement (September 16, 2019)
- Notice of Approved Class Action Settlement, English and French
- Notice of Settlement Approval Hearing
- Settlement Agreement (February 1, 2019)
- Notice of Certification, English and French
- Certification Order (January 4, 2017)
- Statement of Claim (October 1, 2014)
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.