Enterprise, National and Alamo Rent-A-Car Class Action: Unpaid Overtime for Branch Managers and Assistant Managers

• February 15, 2024

  On January 17, 2024, the Ontario Court of Appeal dismissed our motion for leave to appeal. This means that the dismissal of the certification motion stands as final. It is not possible for this case to continue as a class action.

  We sought to represent Branch Rental Managers, Assistant Branch Rental Managers, and Station Managers as class counsel in a class action, but unfortunately the court has determined that these matters cannot be advanced as a class action.  Instead, the claimants must pursue their own cases individually. We cannot assist individuals or provide you with legal advice about these claims, and you will need to retain your own counsel to advise and assist you.

  If you were employed as a Branch Rental Manager, Assistant Branch Rental Manager, or Station Manager by Enterprise, we recommend that you seek legal advice about any overtime claims you may have as soon as possible to ensure that any proceedings you wish to advance are commenced prior to the expiry of that limitation period.

  You can access information about finding a lawyer from the following sources:

  • • British Columbia: https://www.accessprobono.ca/our-programs/lawyer-referral-service
    • Alberta: https://lsa.memberpro.net/main/body.cfm
    • Saskatchewan: https://lss.alinityapp.com/client/publicdirectory
    • Manitoba: https://www.communitylegal.mb.ca/programs/law-phone-in-and-lawyer-referral-program/
    • Ontario: https://lsrs.lso.ca/lsrs/welcome
    • Nova Scotia: https://www.legalinfo.org/what-is-lisns/contact-us
    • Prince Edward Island: https://legalinfopei.ca/lawyer-referral-service/
• July 14, 2023

  On June 19, 2023, the Divisional Court dismissed our appeal from the decision not to certify this case as a class action. A dissenting Divisional Court judge decided some issues in our favour, and would have granted the appeal. We will be asking the Ontario Court of Appeal for permission to bring a further appeal.

  At the Divisional Court, all three judges (including the dissenting judge) decided that claims for class members who were employed in British Columbia could not be brought in this case. Given the unanimous decision on this issue, at the Court of Appeal, the Plaintiff will no longer be seeking to represent class members who were employed in British Columbia.

  If you were employed as a Branch Rental Manager, Assistant Branch Rental Manager, or Station Manager by Enterprise in British Columbia, we recommend that you seek legal advice about any overtime claims you may have as soon as possible. As a result of the denial of certification of the BC claims, the limitation period is now running again for these claims and strict limitation periods apply. Access Pro Bono offers a Lawyer Referral Service for British Columbians. More information is available here: https://www.accessprobono.ca/our-programs/lawyer-referral-service.

  We will post an update to this website when we receive the Court of Appeal’s decision on our motion for leave to appeal.

• June 23, 2023

  On June 19, 2023, the Divisional Court dismissed the appeal (two out of three Divisional Court judges upheld the dismissal of our certification motion). One dissenting judge would have overturned certain aspects of the lower court’s decision. A copy of the Divisional Court’s decision can be viewed here.

  We will be asking the Ontario Court of Appeal for permission to bring a further appeal of the certification decision regarding certain claims. We will post an update to this page once these materials have been filed.

• May 15, 2023

  On Wednesday, May 10, 2023, the Ontario Divisional Court heard our appeal from the dismissal of the certification motion. The Court reserved its decision. We will post an update to this page once the decision is released.

• October 13, 2022

  Our appeal from the Superior Court’s decision to deny certification has been scheduled for May 10, 2023. We will be asking the Divisional Court to overturn the Superior Court’s decision so that this case can move forward.

• July 22, 2022

  On July 15, 2022, Justice Morgan of the Ontario Superior Court of Justice dismissed the motion to certify this action as a class proceeding. Justice Morgan’s decision is available here.

  We will be bringing an appeal from this decision. We remain committed to seeking justice for the members of the proposed class.

• June 20, 2022

  The Court heard the Plaintiff’s motion to certify the action as a class proceeding on June 14-16, 2022. The judge reserved his decision following the hearing. We will share an update on this page once we receive the judge’s decision.

• April 12, 2021

  The motion to certify this action as a class proceeding will be heard by the Ontario Superior Court of Justice on June 14-16, 2022.

• February 26, 2021

  An Amended Statement of Claim has been issued in this case.

Show All

• June 19, 2023 Divisional Court's Decision
• July 15, 2022 Certification Decision
• January 20, 2021 Amended Statement of Claim

What is a class action?

A class action is a lawsuit which provides a method for a large group of people with common claims to join together to advance one large claim. Class actions are a more efficient and cost-effective way for groups of people with common claims to gain access to the legal system and seek justice.

What does certification mean?

In order for an action to proceed as a class action, the court must determine whether it is appropriate for the case to be treated as a class action. Some of the factors the courts consider are the extent to which the claims of the class members are common, and whether a class action is preferable to other methods (such as individual actions) of advancing the issues. The decision as to whether a class action should be certified takes place at a certification hearing and is decided by a judge. If certified, a representative plaintiff will advance the action on behalf of all of the class members.

How do I know if I am a Class Member?

The certification order will always contain a description of who is a class member. We post the certification orders in our actions so that you can review them. You do not need to “sign up” to become involved in a class action. If you are included in the class description, you are automatically a class member who will be affected by the outcome of the class action unless you decide to “opt out”.

Are Class Members notified of the certification of the class proceeding?

Yes. After the claim has been certified, the court will authorize notice to be given to the members of the class.

Can I opt out of a class action and pursue independent legal action?

Yes. When a class action is certified, class members are always given an opportunity to opt out of the action. A deadline is imposed for opting out. If you do not opt out by the given deadline, class members will be bound by the outcome of the class action, whether it is successful or unsuccessful. If you opt out, you will not receive any benefit if the action is successful.

Will there be any cost to class members for legal fees?

Typically, class actions are handled on a contingency fee basis, which means that the class action lawyers will be paid only if the class action is successful at trial or settled. In that case, class counsel fees may be paid by the defendants or out of the settlement or judgment proceeds as approved by the court. In addition, the plaintiff may seek funding assistance from the Class Proceeding Fund which, if funding is granted, may provide funding for disbursements.

I still have questions…

Please feel to contact us by using the contact information on this site.

Phone: 416-581-1528
Email: contactus@kmlaw.ca