Court File and Parties

COURT FILE NO.: CV-22-675616-00CP DATE: 20221124

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Liubomir Marinov AND: PH Canada Company, et al.

BEFORE: J.T. Akbarali J.

COUNSEL: Andrew Monkhouse, Alexandra Monkhouse, Simon Archer, Jody Brown, Joshua Mandryk and Ella Bedard, for the plaintiff

Victoria Lee, for the defendant John Doe Corp. o/a Pizza Hut 5114 46 Avenue, Tofield, AB, “1913477 Alberta Ltd. o/a Pizza Hut”.

HEARD: In writing

Proceeding Under the Class Proceedings Act, 1992

Endorsement

[1] The plaintiff and defendant, John Doe Corp. o/a Pizza Hut 5114 46 Avenue, Tofield, AB, now known to be 1913477 Alberta Ltd. o/a/ Pizza Hut (“Tofield Pizza Hut”) consent to a motion removing Tofield Pizza Hut from this proposed class action.

[2] The proposed class action is an employment misclassification action in which the plaintiff alleges that the defendants have misclassified pizza delivery drivers as independent contractors, when in fact they are the defendants’ employees.

[3] Tofield Pizza Hut has defended the claim, indicating that it operates a Pizza Hut franchise out of a gas station which, until September 2020, did not offer any delivery services. Since it began offering delivery services, deliveries from Tofield Pizza Hut have been carried out by its sole owner and operator, or by employees paid an hourly wage plus delivery fee and tips.

[4] The plaintiff accepts that there is no issue of misclassification of delivery drivers at Tofield Pizza Hut.

[5] The proposed class action is not certified.

[6] The dismissal of the claim against Tofield Pizza Hut will not prejudice the prospective class since Tofield Pizza Hut has no exposure to liability given the classification of its delivery personnel. As a result, no putative class member has a viable claim for damages against Tofield Pizza Hut.

[7] Order to go in accordance with the draft I have signed.

J.T. Akbarali J.

Date: November 24, 2022