Cineflix Class Action
This Claim has been settled. However, the settlement needs to be approved by the Superior Court. The Court’s approval hearing will be held on December 21, 2021. If you would like to voice your support or disagreement with any aspect of the proposed settlement, please review the document entitled “First Notice”, below. This document contains answers to many frequently asked questions, including information on how to opt out of the class action, and information regarding how to voice your support of or disagreement with the proposed settlement.
If you work or worked at Cineflix in production, pre-production and post-production, either as an employee or through your own corporation ("independent contractor") since October 6, 2016, you might benefit from the Class Action. If you have not already done so, we encourage you to fill out the form found below so that we can keep you informed about the case.
ABOUT THE CLASS ACTION AND WHAT YOU CAN DO
This Class Action, brought on behalf of a group of Cineflix employees and contractors, alleges that Cineflix systemically misclassified contractors in Ontario and illegally denied them vacation pay, public holiday pay, and overtime pay. The Class Action claims damages on account of these unpaid wages. The Class Action also claims unpaid overtime on behalf of Cineflix's employees. Cineflix has denied all of these allegations. There has been no adjudication on the merits of the claims in this Class Action.
If you have are a Class Member, your rights might be affected by this settlement. This gives you the right to object to the settlement or to show your support for it. If you do not say anything, the settlement may be approved or rejected without your input. If the settlement is approved, you can make a claim for a payment under the terms of the settlement
If you are a Class Member, you also have the right to opt out of the Class Action. By opting out, you reserve the right to make your own claim against Cineflix for overtime pay, vacation pay, and/or public holiday pay. The decision to opt out should not be taken lightly, as it means that you would have to start your own claim at your own expense if you wanted to recover these wages from Cineflix. You may want to seek independent legal advice before choosing to take this step. More information about opting out can be found in the First Notice document, linked below. If you choose to opt out, you can fill out the “Opt Out” form available on this webpage, and email it or mail it to Class Counsel.
The class action has been discontinued on behalf of the following groups of people:
- People who worked for Cineflix in Ontario only prior to October 6, 2016;
- Persons who worked for Cineflix in Ontario between October 6, 2016 and September 1, 2021 in pre-production, and/or production, and/or post production job classifications in any of the following roles:
- Any job in respect of which an individual’s terms of work are covered by a collective agreement;’
- Any actors or other on-screen talent; and
- Any jobs of any sort relating to work on scripted productions.
If you fall into one of the above categories, you are no longer part of the class action. The settlement does not apply to you, and it does not affect your ability to pursue any cause of action that had been advanced on your behalf in this class action. For more information, please review the Notice of Discontinuance, posted below.
If your claim has been discontinued, you would like to start your own legal claim against Cineflix in respect of any causes of action raised in this class action, you should investigate whether you can commence that claim and by which date, because your claim might be barred or might become legally barred by time limits that apply. If you would like to pursue legal action against Cineflix, we recommend you take all necessary legal steps—including seeking legal advice—to protect any claim you may have. You are responsible for your own legal fees.
A copy of the First Notice with full information is available HERE.
A copy of the opt-out form, which tells you how you can opt out, is available HERE.
A copy of the executed Settlement Agreement is available HERE.
A copy of the Notice of Discontinuance is available HERE.
If you are not able to get answers to your questions from the First Notice, the opt-out form, and the Settlement Agreement, you are welcome to contact us.
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