Livingston International Class Action - Sotos Class Actions
OVERVIEW

Livingston International

This action is on behalf of current and former non-management employees who are in administrative, clerical, technical or other support job classifications, and worked at any of Livingston’s offices across Canada. The class would include, for example, import analysts, release clerks, file clerks, transportation staff, runners, scanners and accounting staff.

The statement of claim alleges that employees were not appropriately paid for overtime hours that they often work to get their jobs done in such circumstances. The claim seeks payment for such unpaid overtime and also seeks to challenge various aspects of Livingston’s overtime policy.

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Updates
  • January 10, 2022: The final installment of cheques has been sent to all class members.
  • July 30, 2020: The first installment of compensation cheques were mailed out to all class members who made a claim and to all class members who were current employees in the class period. The second installment of cheques will be sent out at the end of May, 2021.
  • July 24, 2020: The Claims Administrator has advised that payments will be mailed at the beginning of August.
  • June 3, 2020: We have been working alongside the Administrator to deliver compensation to class members who have submitted claims as soon as reasonably possible. However, the pandemic and other events beyond our direct control have impacted this process. This includes efforts, as approved by the Court, to take additional steps in an attempt to locate various class members. Our best estimate as to the timing for delivery of compensation to class members is 30 days. If your mailing address has changed, please contact us.
  • April 14, 2020: The administrator and class counsel are now preparing to deliver the first distribution of settlement funds. The cheques for the first distribution should be mailed in May to the addresses that class members have provided to the administrator.
  • January 15, 2020: The claims period has been extended to provide for further notification of additional former employees, who are members of the Class. We expect that distribution of settlement money will begin in the early Spring.
  • August 1, 2019: If you are a class member you can now ask for your share of the settlement.You must ask for your share of the settlement by October 15, 2019, otherwise you cannot get any money from the settlement.To complete a settlement payment form online, please go to: www.livingstonintlclassaction.ca.You can also complete and mail in a settlement payment form, but it must be received by no later than October 15, 2019. To download a copy of the form, please visit www.livingstonintlclassaction.ca.To read the court notice about the distribution of the settlement, click here (English, French).
  • June 21, 2019:  Justice Gray approved the settlement, distribution protocol and fees application. RicePoint Administration Inc. has been appointed as the claims administrator.  Further notice of the distribution process, including administration forms for Class Members who are former employees, will be distributed in the beginning of August.  In the meantime, please refer to www.livingstonclassaction.ca for more information and further updates.
  • April 10 & 11, 2019: Justice Gray appointed Chris G. Paliare as amicus to assist the Court with respect to the reasonableness of the settlement agreement and class counsel’s fees and disbursements.  An amicus curiae is someone who is not a party to a case , but who assists the court by furnishing information or advice regarding questions of law or fact.
  • April 9, 2019: Justice Gray approved the Notice of Hearing for the Motion for Settlement Approval, Distribution Protocol Approval and Fee Approval. The hearing will take place in Milton on June 21, 2019 at 10:00 am. For more details, visit livingstonintlclassaction.ca.
  • November 17, 2016: Justice Gray of the Ontario Superior Court of Justice ordered that the class action brought on behalf of current and former employees of Livingston International Inc. be certified as a class action.  The class action alleges that, since August 15, 2007, Livingston has failed to pay class members compensation for overtime worked.
    The class action will now proceed to trial. A copy of the certification decision can be found here. The notice of certification can be here, English and French.
  • November 17, 2016: Class Action against Livingston International Inc. was certified.   Decision of Certification of Judge Gray.

Settlement

The parties have agreed to settle the Livingston International Inc. unpaid overtime case for a total of $19 million (including legal fees, disbursements and the costs of administering the settlement.)  The settlement is subject to approval by the Court.  The settlement approval hearing will be held on June 21, 2019 at 491 Steeles Avenue East, Milton Ontario.

The Notice of Settlement Approval Hearing can be found here.

The Settlement Agreement can be found here.

Documents
Contacts

Louis Sokolov

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Karen Whibley

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