The appellant appealed a decision refusing to certify a class action against a temporary help agency for alleged employee misclassification.
The motion judge had found that the proposed common issues regarding whether the agency was an employer under the Employment Standards Act or at common law lacked sufficient commonality and required individual determinations.
The Divisional Court dismissed the appeal, finding no palpable and overriding error in the motion judge's conclusion that there was no systemic commonality among the putative class members' arrangements.
Leave to appeal the costs award of $333,114.05 was also denied.
