Simon Archer

The plaintiff and the franchisee defendants brought motions for leave to appeal the decision of Glustein J. dated December 17, 2024.

The Divisional Court granted both motions for leave to appeal.

Costs of the motions were fixed at $5,000 each and reserved to the panel hearing the appeal.

The plaintiff and the defendant Tofield Pizza Hut consented to a motion to remove Tofield Pizza Hut from a proposed employment misclassification class action.

The plaintiff accepted that Tofield Pizza Hut did not misclassify its delivery drivers as independent contractors.

The court granted the motion, finding that the dismissal would not prejudice the prospective class as no putative class member had a viable claim against this specific defendant.

Following an order to merge two local unions into a larger local, the former locals attempted to amend their trust and building corporation documents to distribute assets pro rata to their members rather than transferring them to the merged local.

The court found these actions were taken without authorization, violated the union's constitution, and constituted a breach of fiduciary duty by the trustees and directors.

The court declared the amendments null and void, imposed a constructive trust, and ordered the assets transferred to the merged local.