The Ontario Superior Court certified the action in substantial part. It certified all claims except aggregate damages against the four franchisees for which Cervantes had worked, certified conspiracy and punitive damages common issues against the remaining franchisees, and certified all common issues except aggregate damages against the franchisor. The court found enough common evidence to support certification of employment status and other common issues and held that a class proceeding was preferable to requiring individual ESA or civil claims.
Headline
New accommodation ruling on class proceedings
The Ontario Superior Court certified the action in substantial part. It certified all claims except aggregate damages against the four franchisees for which Cervantes had worked, certified conspiracy and punitive damages common issues against the remaining franchisees, and certified all common issues except aggregate damages against the franchisor. The court found enough common evidence to support certification of employment status and other common issues and held that a class proceeding was preferable to requiring individual ESA or civil claims.
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