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Primary Response Class Action Posts

Online form to apply for settlement funds is now live!



The online Administration Form to apply to receive settlement funds is now live.

You can find the Administration Form on the Primary Response Class Action Settlement Website. That is the website of the Claims Administrator, RicePoint. Click on the “File Claim” box at the top right corner of the website.

(Note: You have to  fill in the Administration Form even if you have already registered on this site)

The Administration Form must be completed in full and submitted by the deadline of April 14, 2021. The Administration Form may be completed online, or a hard copy can be completed and submitted to the Claims Administrator, RicePoint. A hard copy of the Administration Form was mailed to every class member along with the Notice of Settlement on January 14, 2021.

If you have any questions or wish to confirm that your completed Administration Form has been received, please contact RicePoint:

Primary Response Settlement Class Action
P.O. Box 4454, Toronto Station A
25 The Esplanade
Toronto, ON M5W 4B1

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Court approves settlement agreement

The parties’ Settlement Agreement was approved today by the Hon. Justice Belobaba of the Ontario Superior Court of Justice.

Justice Belobaba accepted that the proceeding met the requirements for certification, and that the settlement was fair and reasonable.  Class members who did not validly opt out prior to November 20, 2020 are bound by the settlement.

Class members should read the Notice of Settlement Approval, which contains important information.

The settlement will be administered by RicePoint Administration Inc. RicePoint has set up the Primary Response settlement website. To be eligible for a payment, class members must submit an Administration Form to RicePoint within the deadline, which is 90 days after Final Approval. The deadline to submit the form is April 14, 2021.

PLEASE NOTE:  A copy of the Administration Form will be available on this website and at the RicePoint website shortly. The form in the motion record and order will be updated, so class members should wait until the updated form is available.

Justice Belobaba also approved class counsel fees and disbursements, and the administration of the class action by RicePoint.

Class members should stay tuned for further information and instructions.

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You can attend the settlement approval hearing

The Settlement Approval Hearing will take place via Zoom on December 15, 2020 at 10 a.m. before the Honourable Justice Belobaba.

Justice Belobaba will determine whether:

  • the class action will be certified
  • the settlement reached by the parties will be approved
  • the distribution protocol will be approved, and
  • the counsel fees and plaintiff honorarium will be approved

Members of the Class and public may attend the approval motion hearing, but are not required to. The Zoom link for the hearing is below.

You can read the plaintiff’s Motion Record hereYou can read the plaintiff’s Supplementary Motion Record here.

You can read the plaintiff’s factum here.

Zoom link:

Topic: Horner v. Primary Response

Time: Dec 15, 2020 10:00 AM Eastern Time (US and Canada)

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Meeting ID: 648 521 8389
Passcode: 736225

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Message to Class Members

After receiving the “Notice of Certification and Settlement Approval Hearing”, a number of class members have reached out to us asking how they can complete the administration form to receive a payment under the settlement.

The administration form will only be made available after the Superior Court approves the proposed settlement. We are going to Court to seek approval of the settlement on December 15th.

You do not need to take any further action at this stage if you wish to participate in the settlement.  If/when the settlement is approved, you will receive another notice that will explain how to complete and submit the administration form to receive a payment.

PLEASE NOTE:  We are in the process of preparing the court record to request approval for the settlement. We will provide the court with copies of any communications from class members about the settlement. If you support the settlement, it would be helpful if you would send us an email which we could share with the court.  Emails may be sent to Tanya Atherfold.

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Settlement approval hearing scheduled for December

The settlement approval hearing has been scheduled for December 15, 2020.

This Notice of Hearing describes the proposed settlement in detail, including who it applies to, the details of the settlement, and the process by which class members will be compensated. The settlement must be approved by the Court before it is finalized. Class members have a right to take part in the approval hearing if they wish. The process for taking part in the approval hearing is set out in the Notice.

Avis de certification et d’audience d’approbation du règlement / de la répartition

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Class action settled!

$2.9 Million Settlement Reached in Primary Response Class Action!

Kionna Horner and Goldblatt Partners LLP are pleased to announce that the parties have reached a settlement in the proposed unpaid wages and unlawful deductions class action, Horner v. Primary Response Inc. et al.

Pursuant to the settlement, which is subject to court approval, Primary Response Inc. (“Primary Response”) and Garda Canada Security Corporation (“Garda”) will consent to the certification of the class action, and Primary Response will pay $2.9 million to the class members, inclusive of legal fees, disbursements, administrative expenses and an honorarium to the plaintiff. The settlement was reached following a two-day mediation between the parties with experienced mediator William Kaplan.

The class action was launched in August 2018. It concerns alleged historical wrongdoing spanning from February 27, 2011 to January 15, 2018, the effective date of the purchase of Primary Response by Garda.  As a result of the purchase, the former Primary Response employees became an accretion to the bargaining unit covered by Garda’s collective agreement with the United Steelworkers.

The settlement, which is subject to court approval, will fully and finally resolve the Primary Response class action. Once approved by the court, the settlement funds will be distributed to the class members for the historical claims arising during the class period.

The settlement agreement reached by the parties is available here.

Media inquiries:  Contact Josh Mandryk

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Motion for certification rescheduled again

The certification hearing has been rescheduled to May 7-8, 2020.

Cross-examinations on the affidavits submitted for the motion for certification are scheduled to take place in January and April 2020.

The mediation, previously scheduled for December 2019, has been rescheduled to take place in April 2020.

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Important updates for Primary Response class members

Primary Response Inc. and Guarda Canada Security Corporation have served their motion records on the plaintiff. The motion records contain the evidence the defendants will put forward in the motion to have the class action certified.

The motion for certification has been rescheduled from December 2019 to March 11 and 12, 2020.  Instead, the parties will engage in mediation in December.

You can read Primary Response’s motion record here.   You can read Guarda Canada’s motion record here.

In June the plaintiff made further amendments to her statement of claim. You can read the Amended Amended Statement of Claim here.

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Motion date set and plaintiffs’ motion record filed with the Superior Court

The certification hearing in this proposed class action has been scheduled for December 19 and 20, 2019.

The plaintiff’s certification motion record has been filed with the Superior Court.

The next steps will be for the defendants to file their motion record and for the parties to cross-examine the people who have sworn affidavits, if required. The parties will then file written legal arguments in preparation for the hearing.

You can read the plaintiff’s motion material here: Volume 1, Volume 2, and Volume 3.

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Class-action suit alleges security guards stiffed on wages, overtime

The Toronto Star reports on a new class action against security companies for unpaid wages

The Toronto Star talks to Josh Mandryk and Christine Davies about a potential new class action against Primary Response Inc. and Garda Canada Security Corporation.

The statement of claim alleges that the Primary Response, which was purchased by Garda Canada, violated the Employment Standards Act, 2000 and its contracts of employment with security guards by requiring security guards to show up for work a minimum of fifteen minutes early, but failing to compensate them for this time.

The claim also alleges that Primary Response unlawfully averaged security guards’ overtime pay over a two-week pay period, despite the fact that its overtime averaging agreement had expired and a subsequent application for approval had been rejected by the Ministry of Labour. The claim also alleges that Primary Response made uniform deductions from payroll which did not comply with the ESA.

“This is about defending core employment standards protections for a group of precarious workers facing well-documented barriers to enforcing their rights,” said Joshua Mandryk, a lawyer with Toronto-based labour law firm Goldblatt Partners, which initiated the suit.

“Although the law is quite clear, off-the-clock work and unpaid overtime similar to that alleged in this case are all too common in our economy. We hope this case sends a strong reminder that ‘off-the-clock’ time required by an employer is work which must be compensated.”

“Security guards work long hours in challenging and potentially dangerous situations. Like all workers, they deserve to be paid fairly for their hard work,” said Goldblatt co-counsel Christine Davies.

Read the full article here.

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