Supreme Court of Canada Refuses Leave to Appeal
The Supreme Court of Canada refused leave to appeal, based on oral submissions. View Case
Macaraeg Overtime Class Action
Court of Appeal Decides No Jurisdiction
On May 1, 2008, the BC Court of Appeal allowed E-Care’s appeal from the decision of Judge Wedge, and decided that the British Columbia Supreme Court does not have jurisdiction to deal with overtime claims in a civil action, if the overtime claim is solely based on statutory rights contained in the BC Employment Standards … Continued
Appeal Hearing Held
The appeal occurred in Vancouver, on December 10 and 11, 2007. Submissions were made by counsel for E-Care, Ms. Macaraeg, and the Director of Employment Standards. The Court of Appeal for the province of British Columbia has “reserved” judgement, meaning that the court will take time to consider the submissions of all parties, and render … Continued
E Care appealed from the decision of Judge Wedge
On June 8, 2007, the BC Director of Employment Standards obtained leave from the BC Court of Appeal to intervene in the appeal, to make submissions relating to the jurisdiction of the Director of Employment Standards and the jurisdiction of the court to hear overtime claims.
BCSC Confirms Jurisdiction regarding Overtime Class Actions
On December 13, 2006 Madam Justice Wedge of the BC Supreme Court decided the jurisidiction issue in favour of the plaintiff. http://www.canlii.org/en/bc/bcsc/doc/2006/2006bcsc1851/2006bcsc1851.html
Macaraeg Action Commenced
E Care Contact Centers carries on business in British Columbia as a short term lender. Ms. Macaraeg was employed in that business between May, 2004 and February, 2006, first as a “Customer Service Representative” and later as a “Credit Recovery Specialist – Account Manager”. Ms. Macaraeg worked a considerable amount of overtime during her employment, … Continued