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Blyth Academy Class Action

Class Action/
Sep 28, 2018
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If you work or worked at Blyth Academy teaching courses there, you might benefit from the Class Action.  We encourage you to fill out the form found below so that we can keep you informed about the case.

This class action is against Blyth Academy, a private school operating many campuses in Ontario. The claim alleges that current and former employees teaching Blyth students have been misclassified as "independent contractors" and should have been classified by Blyth Academy as "employees". The class action alleges that this misclassification meant that these employees and those teachers Blyth Academy in fact classified as employees were denied certain statutory minimum protections found in Ontario's Employment Standards Act, 2000, protections like minimum wages, overtime pay, vacation pay, and holiday pay. The class action seeks compensation for these employees.

The class of people covered by the class action is generally staff who worked or are still working at Blyth Academy and whose job it was to teach students courses.

COURT DOCUMENTS AND CERTIFICATION HEARING

The claim against Blyth Academy is contained in a document called the "Amended Statement of Claim", a copy of which can be viewed HERE.

A copy of Blyth Academy's Statement of Defence can be found HERE.

The Plaintiff has brought a motion to have the class action certified. The motion was originally slated to be argued on December 5-6, 2018 but was adjourned. It will now be argued on February 20-21, 2019. A copy of the Plaintiff's "Motion Record", which is the main evidence relied upon by the Plaintiff for this motion, can be viewed here:

A copy of the Plaintiff's Supplementary Motion Record can be viewed  HERE.

The Defendants have responded with a Responding Record.  It can be found by clicking on the following links:

The Plaintiff has filed a Reply Record which can be viewed HERE.

The Parties have exchanged further materials that will be put into Court on the motion.  They are:

  • a Joint Supplementary Motion record found HERE
  • the Plaintiff's Supplementary Record regarding "employee overtime" found HERE
  • Blyth Academy's Supplementary Motion Record, which is available upon request.

At the motion, the parties will also rely on written argument, called 'factums'.  A copy of the Plaintiff's factum  can be found HERE and a copy of Blyth Academy's factum is HERE .

 

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