Just Energy Class Action
This class proceeding concerns the misclassification of employees as “independent contractors” thereby denying such employees the minimum protections of the Employment Standards Act, 2000 (“ESA”), including minimum wage, overtime pay, vacation pay, public holiday and premium pay. Such employees were denied compensation to which they were entitled and earned.
The Statement of Claim alleges, among other things, that the Defendants, Just Energy Group Inc., Just Energy Corp., and Just Energy Ontario L.P. (collectively “Just Energy”), breached its statutory and contractual duties to the class (“Sales Agents”) by requiring them to work well beyond permitted work hours and failing to appropriately provide them with minimum wage, overtime pay, vacation pay and public holiday and premium pay, in accordance with the ESA, as well as by failing to ensure the proper classification of its employees.
Generally, the class of persons this class proceeding seeks to represent is comprised of all Ontario current and former Sales Agents of Just Energy since 2012.
Koskie Minsky LLP represents the Plaintiff in this action.
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Latest Developments
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October 4, 2021
On September 15, 2021, Just Energy obtained a court order extending the stay of legal proceedings against it until December 17, 2021. The trial scheduled to commence in November 2021 has been cancelled.
The court has ordered that a claims process be established under the CCAA in which all parties who allege Just Energy owes them money can make a claim. Class counsel will make a claim on behalf of all class members in the claims process, which shall be limited to the claim in the class action.
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April 9, 2021
Just Energy recently became insolvent due to recent weather-related events in Texas. As a result, Just Energy has filed for protection from parties it owes money to (creditors) under legislation called the Companies’ Creditors Arrangement Act. That filing means that all litigation against Just Energy, including this class action, are automatically stayed and no further steps can be taken until and unless the court advises otherwise.
We are currently assessing our next steps and will provide updates accordingly.
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December 19, 2019
The common issues trial has now been scheduled to take place starting November 15, 2021 and will last twenty (20) days.
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June 21, 2019
Justice Belobaba released his decision on the Plaintiff’s summary judgment motion. Justice Belobaba held that a trial would be required so that witnesses can be examined in court before a decision on the merits of the case can be provided. You can review a copy of Justice Belobaba’s decision here. Further updates in this regard will be posted soon.
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June 12, 2019
The Plaintiff’s summary judgment motion was heard on June 11 and 12, 2019 by the Honourable Justice Belobaba. The Plaintiff sought to determine the employment status of the approximately 8,000 class members in a summary fashion. The Honourable Mr. Justice Belobaba reserved his decision. A decision is expected in the coming weeks.
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November 1, 2018
The Plaintiff’s summary judgment motion will be heard on June 11-13, 2019. Between now and then the Defendants will be serving evidence in response to the motion, cross-examinations of witnesses will occur and the parties will exchange written arguments. The Defendant’s responding materials are currently due to be delivered by November 31, 2018.
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July 11, 2018
The Plaintiff’s summary judgment motion record is due at the end of August. The summary judgment motion will eventually decide if the plaintiff wins the lawsuit.
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February 28, 2018
The plaintiff has completed the discovery examination of the defendant. The next step in this case will be discovery of the plaintiff and then a determination of the merits of the proceeding.
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September 5, 2017
The Defendant continues to deliver documents as part of their production obligation. Complete production is scheduled to be completed by end of September 2017.
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July 25, 2017
The Plaintiff delivered his documents and is awaiting delivery of the Defendant’s, which are now expected to be delivered by the end of August. Thereafter examinations for discovery are to be completed by the end of October 2017.
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May 17, 2017
The Plaintiff is scheduled to deliver their document productions by June 30, 2017.
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March 22, 2017
The notice program in this case has now started. To read the long form notice, click here, to read the short form notice, click here.
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February 28, 2017
The Defendant has served its Statement of Defence. A copy can be found here.
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February 9, 2017
The notice to the class about the decision to certify this lawsuit as a class action will go out by March 22, 2017. If you think you are a class member, please contact Koskie Minsky.
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November 17, 2016
The Honourable Madame Justice Swinton dismissed the Defendants’ motion for leave to appeal the decision to certify this action as a class proceeding. Justice Swinton’s reasons can be found here. The next step in this matter is to disseminate notice of certification to the class, which is expected to occur in the coming months.
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November 16, 2016
The Defendants’ motion for leave to appeal the decision to certify this action as a class proceeding is to be heard in writing today. A decision is expected shortly.
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October 3, 2016
The defendant has served and filed their materials for the leave to appeal motion. If the defendant wins the leave to appeal motion, there will be a further appeal and court hearing about whether the decision to make this case a class action was correct.
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August 11, 2016
Just Energy is seeking leave to appeal Justice Belobaba’s certification decision of July 27, 2016. A copy of its Notice of Motion for Leave to Appeal can be found here.
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July 27, 2016
This case has now been certified as a class action, meaning the case can go forward as a class action. The defendant may still seek to appeal the decision. The reasons of the court certifying the case can be read by clicking here.
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June 21, 2016
The certification motion has been argued and further written submissions will be made. A decision about whether the case will be become a class action has not been made by the Court yet.
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May 11, 2016
The Defendants’ refusals motion was dismissed in its entirety with costs. See Justice Belobaba’s endorsement here.
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April 25, 2016
The parties have exchanged moving and responding records for an undertakings and refusals motion that will be heard on May 10, 2016.
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March 22, 2016
The defendant delivered another affidavit it will use at the certification hearing, despite the deadline for doing so having passed. Cross-examinations of the affiants from each side will commence tomorrow and will be concluded by the end of March, 2016.
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February 5, 2016
The defendant has now served affidavit evidence they will use at the certification hearing. The certification hearing is the court hearing that determines whether this case will be a class action. The next step is cross-examinations on the affidavit evidence each side has served.
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January 12, 2016
The defendant will be delivering their responding record by the end of January.
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November 6, 2015
The defendant must provide their responding evidence in this case in January 2016.
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September 10, 2015
The plaintiff has served their material to support the motion that this case should become a class action. The next step in this case will be for the defendant to serve responding material by January 11, 2016. The court hearing to decide whether this case should become a class action will occur in June 2016. For a complete schedule of steps, click here.
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June 16, 2015
A case conference in this action has been scheduled for August 19, 2015.
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June 12, 2015
The Class Proceedings Fund has agreed to fund this action.
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June 3, 2015
The hearing to decide whether funding should be granted to this action from the Class Proceedings Fund is scheduled to be heard on June 10.
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May 4, 2015
The statement of claim in this action has been issued. A copy is available here.
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October 4, 2021
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News Releases and Reports
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Documents
- March 22, 2017 Long Form Notice
- March 22, 2017 Short Form Notice
- March 22, 2017 Opt Out Form
- February 28, 2017 Statement of Defence
- November 17, 2016 Leave Endorsement
- July 27, 2016 Certification Decision
- June 10, 2016 Factum of the Defendants (Certification, returnable June 21-23, 2016)
- May 21, 2016 Transcripts and Undertakings Brief
- May 20, 2016 Factum of the Moving Plaintiff
- May 11, 2016 Endorsement re: Refusals Motion
- March 15, 2016 Responding Motion Record of the Defendants
- November 17, 2015 Amended Statement of Claim
- September 10, 2015 Timetable
- August 12, 2015 Motion Record of the Moving Party (Volume 1 of 2)
- August 12, 2015 Motion Record of the Moving Party (Volume 2 of 2)
- May 4, 2015 Statement of Claim
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FAQS
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.
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Contacts
Email: justenergyclassaction@kmlaw.ca
Toll-Free Hotline: 1.866.545.9919
