The appellants, former employees of Medcan, appealed the dismissal of their motion to certify a class proceeding for unpaid vacation and public holiday pay on variable compensation.
The certification judge had found that a class action was not the preferable procedure.
The Divisional Court allowed the appeal, finding the certification judge erred in principle by failing to conduct the preferability analysis through the lens of the three principal goals of class actions, specifically failing to consider barriers to access to justice and behaviour modification.
The action was certified as a class proceeding.
