The plaintiffs, former employees who received variable compensation, brought a proposed class action against their former employer for unpaid vacation and public holiday pay.
The employer admitted to miscalculating the pay and made remedial payments for the two years prior to discovery, but relied on the Limitations Act to deny older claims.
The plaintiffs moved for certification and the defendants cross-moved for summary judgment.
The court dismissed the summary judgment motion, finding genuine issues for trial regarding limitation periods and releases.
The court also dismissed the certification motion, concluding that while the first three criteria were met, a class proceeding was not the preferable procedure because individual issues trials regarding limitation periods and releases were inevitable and would not be advanced by a common issues trial.
