Court File and Parties
COURT FILE NO.: CV-18-00598257-CP DATE: 20200519 SUPERIOR COURT OF JUSTICE - ONTARIO
RE: D’ANDRA MONTAQUE, Plaintiff – and – HANDA TRAVEL STUDENT TRIP LTD. o/a I LOVE TRAVEL, CAMPUS VACATIONS HOLDINGS INC., 2504027 ONTARIO INC. o/a S-TRIP! And 2417988 ONTARIO INC. o/a BREAKAWAY TOURS, Defendants
BEFORE: E.M. Morgan J.
COUNSEL: Charles Sinclar, Joshua Mandryk, and Jody Brown, for the Plaintiff David Di Paolo and Nadia Effendi, for the Defendants
HEARD: In writing
Amendment of Claim
1This is a proposed class action brought against the Defendants on behalf of a class of persons claiming to be misclassified employees who are owed various unpaid wages and benefits. The Defendants are a group of related companies who run student-oriented travel service businesses.
2The Plaintiff moves for leave to amend the Statement of Claim to add the Defendants’ corporate directors as new defendants.
3The Statement of Claim was issued on May 22, 2018 and was amended on February 27, 2019. A motion record for certification was served by the Plaintiff on February 28, 2019. No Statement of Defence or responding record has been served by the Defendants, and there has not yet been a certification hearing.
4The supporting affidavit of Tanya Atherfold-Desilva notes that the global travel industry has collapsed as a result of the COVID-19 pandemic. It further states that the Defendants’ social media feeds through Twitter and Instagram have gone inactive, and that the office used by at least some of the Defendants on Queen Street West in Toronto is being advertised as available to be leased.
5The proposed amendment of the Plaintiff’s pleading seeks to add the corporate directors of the Defendants in the event that the existing Defendants are ordered to pay outstanding wages and are unable to pay. The Amended Amended Statement of Claim specifies the directors’ connection with the existing Defendants.
6There is no prejudice to any party in allowing this proposed amendment. The Defendants do not object to this motion, and I see no reason that leave should not be granted given the still early stage of the action.
7Leave to amend the claim as found at Schedule “A” of the Notice of Motion herein is granted.
8There will be no costs of this motion.
Addendum
This motion was heard in writing while regular court operations are suspended due to the COVID-19 pandemic. Upon the courthouse reopening to the public, each party shall file with the Civil Motions Office a copy of all the material they delivered electronically for this proceeding, with proof of service, and pay the appropriate fees therefor.
Notwithstanding Rule 59.05 of the Rules of Civil Procedure, this Order is effective from the date it is made, and is enforceable without any need for entry and filing. In accordance with Rules 77.07(6) and 1.04, no formal Order need be entered and filed unless an appeal or a motion for leave to appeal is brought to an appellate court. Any party to this Order may nonetheless submit a formal Order for original signing, entry and filing when the Court returns to regular operations.
Morgan J.
Date: May 19, 2020
