EN /FR
Target Canada Corporation
On January 15, 2015, Target Canada Corporation (“Target Canada”) and certain of its subsidiaries and affiliates were granted protection from their creditors under the Companies’ Creditors Arrangement Act pursuant to an Order of the Honourable Justice Morawetz of the Ontario Superior Court of Justice (the “Initial Order”).
As part of the Initial Order, Koskie Minsky LLP has been appointed Representative Counsel to all Employees in the CCAA Proceedings, and Alvarez & Marsal Canada Inc. (the “Monitor”) was appointed Monitor. Target Canada will now be commencing an orderly wind down of its operations in Canada, and all of the approximately 17,500 Canadian Employees will be receiving notices of termination of their employment. The Monitor will assist in overseeing that process.
Koskie Minsky’s legal mandate is to represent all Employees’ interests in connection with all issues affecting them in the CCAA Proceedings, including the termination of employment and claims for termination pay and related entitlements. Target Canada’s American parent company – Target Corporation – has created a trust fund which will pay termination pay for all Employees of Target Canada, which will ensure that each Employee of Target Canada receives at least 16 weeks of working notice or termination pay (the “Employee Trust”).
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Latest Developments
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July 25, 2016
We are pleased to report that the omnibus claim for loss of employee discount cards has been resolved. On the instruction of the Court-appointed representatives (“Representatives”), Employee Representative counsel filed an omnibus claim in connection with the loss of the employee discount over the notice period. Prior to the CCAA filing, Target Canada employees were entitled to a 10% discount on all store purchases (excluding pharmacy) on top of any discounts already assigned to merchandise. The claim asserted that employees suffered a loss when Target discontinued the discount, as they no longer enjoyed a discounted rate on goods they purchased relative to the general public.
Following negotiations facilitated by the Court-appointed Monitor, a resolution to the omnibus claim was reached. The settlement requires payment of a lump sum amount of $50,000 from Target Canada Inc. for the exclusive benefit of a registered charity selected by your Representatives. The amount of the settlement, paired with the dispersed and transitory nature of the former Target Canada workforce, favoured a resolution that would put the money to a positive use over time, rather than pay nominal amounts to all former employees.
The Representatives are proud to be able to support United Way Centraide Canada as the recipient charity. The mission of United Way Centraide Canada is to improve lives and build community by engaging individuals and mobilizing collective action. For more information on the organization and its work, please see the following link: http://www.unitedway.ca/about-us.
If you have any questions regarding the settlement, please do not hesitate to contact us.
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October 26, 2015
On October 21, 2015 the Court approved an Employee Trust Claims Procedure Order, which may be viewed here.
If you have filed a claim against the Employee Trust, you can expect to receive one of the following documents from the Monitor:
- Notice of Resolution Letter – if the Monitor or a Target representative has contacted you to discuss your claim and considers the subject of your dispute to be resolved, you will receive a letter to confirm the terms of resolution. If you agree with the resolution, you do not need to do anything further.
- Notice of Trust Claim Revision or Disallowance – if the Monitor disagrees your with your Trust claim, or disagrees with the amount of your Trust claim, you will receive a letter to advise that it has been disallowed or revised to a different amount.
If you disagree that your Trust claim has been resolved in accordance with the terms of the Notice of Resolution Letter; or you disagree with the Notice of Trust Claim Revision or Disallowance, you may dispute these findings by delivering one of the following forms:
- Notice of Dispute of Resolution, along with written reasons outlining the basis for your dispute; or
- Notice of Dispute of Employee Trust Claim Revision or Disallowance, along with written reasons outlining the basis for your dispute.
The Notice of Dispute must be delivered within 28 days of receiving your Notice of Trust Claim Resolution or Revision or Disallowance. If you do not file your Notice of Dispute within the deadline, you will be deemed to accept the resolution, revision, or disallowance, and you will have no further right to dispute it. If you need assistance completing the Notice of Dispute, please contact Representative Counsel. The Notice of Dispute must be sent in accordance with the instructions on the form, to:
Alvarez & Marsal Canada Inc., Administrator
Royal Bank Plaza, South Tower 200 Bay St., Suite 2900, Box 22 Toronto ON M5J 2J1
Fax: (416) 857-5201 Email: targetcanadamonitor@alvarezandmarsal.com
Attention: Stephen Ferguson
Representative Counsel will continue to work with the Monitor to resolve claims and disputes. Where a dispute cannot be settled within a time period or manner that is satisfactory, the dispute will be referred to a Claims Officer or the Court for adjudication. The adjudication process will be decided in consultation with the decision maker, the Monitor, Representative Counsel, and the former employee.
If you have any questions or require assistance in completing the necessary documents, please contact Representative Counsel at 1.866.860.9364 or targetemployees@kmlaw.ca.
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June 19, 2015
We continue to receive calls from Team Members who have not yet received their Record of Employment (ROE) from Target. We have done everything we can to address this issue. We have been advised that Target and ADP encountered complications in processing the ROEs and are working to fix the problem. We do understand the frustration, and encourage Team Members who require EI benefits to apply for them, and advise that the employer has not provided the ROE.
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June 18, 2015
The Court issued an order approving the claims process whereby persons who assert a Claim against the Target Canada Entities must file a Proof of Claim or D&O Proof of Claim with the Monitor on or before 5:00 p.m. (Toronto time) on August 31, 2015. To view the Notice of Claims Procedure please click here.
The court-appointed monitor, Alvarez & Marsal mailed a letter to all Target Canada team members on June 16th to provide information about the recently approved claims process. Please note, claims which arise out of your employment with Target Canada but are not covered by the Employee Trust must be brought against the Target Canada estate. For example, if you have employment-related expenses for which you have not been reimbursed – a debt that is not covered by the Employee Trust – you will be required to file a claim in the claims process to seek to recover any amounts owed to you.
The claims forms which you will need to use to file a claim by August 31, 2015 can be found here.
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June 11, 2015
We have been in regular contact with the Monitor and Target HR. There has been some delay in issuing ROEs but we are assured they are aware of the problem and the issues are being addressed as quickly as possible.
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May 22, 2015
INFORMATION REGARDING RECORDS OF EMPLOYMENT
We have received a number of calls from team members regarding their Records of Employment (ROE). Please note that Target Canada works closely with ADP to ensure that all of the necessary information is provided to Service Canada in order to process applications for Employment Insurance Benefits. ADP creates the ROEs and transmits them to Service Canada electronically. It takes five business days for the ROEs to reach Service Canada.
If you would like to obtain a copy of your ROE, please visit a Service Canada office or visit My Service Canada at www.servicecanada.gc.ca/eng/online/mysca.shtml.
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May 15, 2015
Termination of Group Benefit Coverage With Sun Life
If you have benefit coverage with SunLife as a Target employee your group benefits coverage with SunLife ends on your termination date. For most Target employees, that date is May 16, 2015 (May 30 for employees in Manitoba).
Please note that there is no extension of group benefits coverage beyond the termination date for employees with employment agreements that entitle them to additional weeks of notice or pay in lieu of notice beyond the statutory minimum. If you believe that your employment agreement entitles you to something greater, or that you have a claim regarding this benefit, please contact us for further discussion.
You may have an option to continue certain benefits on an individual basis after your coverage provided through Target ends. There are two separate deadlines that apply if you wish to continue benefits coverage:
- If you wish to continue life insurance coverage you must apply directly to SunLife within 31 days of your termination date. If you elect to continue coverage on an individual basis you must pay the cost of those benefits.
- If you wish to continue health and dental insurance coverage you must apply directly to SunLife within 60 days of your termination date. If you elect to continue coverage on an individual basis you must pay the cost of those benefits.
Please note, if you are a Quebec resident, certain other rules apply to you. You may be required to enroll in prescription drug coverage with RAMQ unless you have other prescription drug benefit coverage.
For further information you should contact SunLife directly at their toll-free hotline: 1-877-893-9893
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May 1, 2015
A Newsletter from the Court-appointed Representatives and Koskie Minsky LLP was mailed to all Target Canada Employees this week providing an update on issues affecting team members. Included with the Newsletter is a Notice of Dispute Form for team members who believe that they have not been paid correctly from the Employee Trust. The deadline for disputing payments from the Employee Trust is July 31, 2015. If you have a dispute about any Trust payments, you must complete the Notice of Dispute form and send a copy to Koskie Minsky and to the Monitor no later than July 31, 2015. To view a copy of the Newsletter, please click here. To view a copy of the Dispute Form, please click here.
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April 27, 2015
Options to Continue Benefit Coverage With SunLife
If you have benefit coverage with SunLife as a Target employee you may have an option to continue certain benefits on an individual basis after your current coverage provided through Target ends. In most cases, your group benefits coverage with SunLife ends on your termination date. For most Target employees, that date is May 16, 2015 (May 30 for employees in Manitoba).
Target employees who had life insurance coverage or health and dental benefit coverage while employed by Target may be eligible to continue that coverage on an individual basis after May 16th (or May 30th for employees in Manitoba).
There are two separate deadlines that apply if you wish to continue benefits coverage.
If you wish to continue life insurance coverage you must apply directly to SunLife within 31 days of your termination date. If you elect to continue coverage on an individual basis you must pay the cost of those benefits.
If you wish to continue health and dental insurance coverage you must apply directly to SunLife within 60 days of your termination date. If you elect to continue coverage on an individual basis you must pay the cost of those benefits.
Please note, if you are a Quebec resident, certain other rules apply to you. You may be required to enroll in prescription drug coverage with RAMQ unless you have other prescription drug benefit coverage.
For further information you should contact SunLife directly at their toll-free hotline:
1-877-893-9893 -
March 31, 2015
As of March 31, 2015 Target Canada has announced the closure of 120 stores by April 8, 2015. In its 7th report to the Court (dated March 24, 2015), the court-appointed Monitor (Alvarez and Marsal Canada Inc.) states that it is anticipated that all stores will be closed to the public as early as mid-April, 2015.
On March 30, 2015 the Court approved an asset purchase agreement among Target Canada, Target Brands Inc. and Target Corporation (the U.S. parent company) wherein Target Corporation will purchase a variety of items that use or display intellectual property (such as shopping carts and exterior signage), and pay the costs of third party removal and disposal of these items.
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February 20, 2015
To All Target Employees:
We have been receiving a large volume of calls from team members about availability and scheduling concerns, and other day-to-day issues at store level. Please note that all questions and concerns about daily operational matters including scheduling and availability, taking sick days or statutory leaves of absence, should be brought to your ETL-HR for resolution. Likewise, any questions about your “average weekly hours” and your pay over the statutory notice period should first be raised internally with Target through your ETL-HR or through Canada.FieldHRProcess.Team@target.com.Koskie Minsky is not in a position to mediate or resolve disputes at store level arising out of operational matters. We also do not have access to individual team member data used to calculate payments to team members over the statutory notice period. Our mandate is to represent all Target employees on issues affecting them in the insolvency proceedings, including those related to the Employee Trust and related Claims Process.
Where possible, please follow the normal policies and procedures to resolve all workplace matters. If you face any employment consequences as a result of your actions, such as discipline or termination, or are asked to sign an acknowledgment that you have voluntarily resigned, you should feel free to contact us. If you do not receive satisfactory answers to your questions about your weekly average earnings, and/or you believe there is an error in the calculations, please contact us and we will assist you with next steps.
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February 11, 2015
On February 11, 2014 by Order of Regional Senior Justice Morawetz, Frederick Payette, Sylvie Gautier, Jennifer Lindsay, Catherine Bédard, Michael O’Neil, Alyssa Morin and Joshua Gordon were appointed as Representatives of all employees of Target Canada as at January 15, 2015. To view the order, please click here.
In accordance with the Representation Order, a Notice to all Target Canada Employees will be published in the Globe and Mail and La Presse on February 17, 2015. To view the Notice, please click here. Any person not wishing to be represented by the Representatives and our firm may opt-out by providing notice in writing to Employee Representative Counsel and the Target Canada Monitor, indicating that you wish to opt-out of such representation.
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February 10, 2015
We have been advised by Target Canada that individuals who are on a leave of absence will not receive Notice Pay from the Employee Trust on February 13th. Notice Period pay for the January 25th to February 7th pay period is expected to be included on the February 27thpaycheck. Please note that individuals receiving disability benefits will continue to receive benefits subject to the terms and conditions of the benefit plans.
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February 9, 2015
KM releases a Frequently Asked Questions report. To view this document click here.
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January 30, 2015
Watch the Koskie Minsky Webcast for Target Employees
Koskie Minsky LLP has produced a webcast to help Target Canada employees understand the CCAA process and how it will impact them. The webcast explains what to expect in the CCAA proceeding, how the Employee Trust works, and what role Koskie Minsky LLP will play as your court-appointed Representative Counsel.
To access the webcast in English, click here. To access the webcast in French, click here.
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January 27, 2015
Approved Vacation or Leave of Absence
We have received a number of inquiries from employees who, prior to Target Canada’s CCAA filing on January 15, 2015, had received approval from their manager for vacation or other leave of absence. There has been some confusion and uncertainty as to whether those approved vacations or leaves will be permitted during the wind-down of Target’s business in Canada.
Some employees have been advised that they will have to resign if they wish to take the leave or vacation, and will forfeit their termination entitlements. This is not accurate.
If you are a Target Canada employee whose request for vacation or leave has been approved, you will be permitted to take that approved absence without penalty. You need not resign. Your entitlement to receive payments from the Employee Trust will not be affected.
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January 22, 2015
Starting Friday January 23rd, Target Canada will be providing a “Separation Letter” to certain employees on their last day of work. The letter asks each employee to acknowledge that they have received the “Separation Letter”, which outlines the terms and conditions surrounding the termination of their employment with Target Canada and provides information on benefit coverage and the payment of regular wages throughout the notice period. The letter also reminds the employee that he or she is still bound by confidentiality obligations and must return all Target property.
Please note that Koskie Minsky LLP, as Representative Counsel to Target Canada’s employees, has reviewed this “Separation Letter” and believes that it is fine for each employee to sign. We have posted a sample of the separation letter here for your reference.
Should you have any additional concerns regarding signing the “Separation Letter”, please feel free to contact us.
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January 19, 2015
Koskie Minsky will be hosting a webcast for all Target Canada Co. Employees very shortly. The pre-recorded webcast will be available in the coming days via this website. Should you wish to review the information slides beforehand, please click here.
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January 15, 2015
As part of the Initial Order, Koskie Minsky LLP has been directed to identify up to seven individuals from among the Employees of Target Canada to represent the Employees in the CCAA Proceedings. If you believe you could assist and are interested in being appointed as a Representative, please contact Koskie Minsky at 1.866.860.9364 or targetemployees@kmlaw.ca as soon as possible.
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July 25, 2016
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DOCUMENTS
- January 15, 2015 Letter from Koskie Minsky LLP to all Employees of Target Canada Co.
- January 15, 2015 Lettre de Koskie Minsky LLP à tous les employés de Target Canada Corporation.
- January 15, 2015 Notice of Application
- January 15, 2015 Initial Order dated January 15, 2015
- January 15, 2015 Endorsement dated January 15, 2015
- January 22, 2015 lettre de cessation d’emploi
- January 22, 2015 Separation Letter (Sample)
- February 11, 2015 Order Regarding Employee Representatives
- February 12, 2015 Endorsement
- February 12, 2015 Notice to all Target Canada Employees
- February 12, 2015 avis à tous les employés de target canada
- February 24, 2015 Seventh Report of the Monitor
- May 1, 2015 avis de contestation
- May 1, 2015 Notice of Dispute
- May 1, 2015 lettre d’information pour tous les employés de target canada
- May 1, 2015 Newsletter to All Target Canada Employees
- June 11, 2015 Endorsement of Regional Senior Justice Morawetz - Claims Procedure Order
- June 11, 2015 Claims Procedure Order
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FAQS
To view the Frequently Asked Questions report, please click here.
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Contacts
Employee Representative Counsel
Toll Free Hotline: 1.866.860.9364
Email: targetemployees@kmlaw.ca
Fax: 416-204-2897
Representatives of all Employees of Target CanadaEmail: TargetTMReps@kmlaw.ca
Target Canada MonitorAlvarez & Marsal Canada Inc.
Royal Bank Plaza, South Tower
200 Bay Street, Suite 2900
P.O. Box 22
Toronto ON M5J 2J1
CanadaElectronic mail: targetcanada.monitor@alvarezandmarsal.com
Telephone: 1-844-864-9548
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Claims Procedure Forms
- Notice to Claimants Against the Target Canada Entities
- Proof of Claim Instruction Letter
- Proof of Claim Form for Claims Against the Target Canada Entities
- D&O Proof of Claim Instruction Letter
- Proof of Claim Form for Claims Against Directors or Officers of the Target Canada Entities
- Claims Procedure Order
- Employees – Target Canada Co. Estate Claims Process (June 12, 2015)
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January 2015 Webcast
Koskie Minsky LLP has produced a webcast to help Target Canada employees understand the CCAA process and how it will impact them. The webcast explains what to expect in the CCAA proceeding, how the Employee Trust works, and what role Koskie Minsky LLP will play as your court-appointed Representative Counsel.
To access the webcast in English, click here.