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
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
The Honourable Justice Sandra Ballance was assigned as the judge responsible for the action in place of Judge Bennett.
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.
The court directed that the following be done in advance of the trial: Plaintiff’s counsel to finalize Index of joint document books and provide to defence counsel as soon as practical Plaintiff’s counsel to provide list of potential Examination for Discovery candidates by June 29th, 2007 Defendants to conduct an additional search for relevant documents, … Continued
At that conference, the court directed that Plaintiff’s counsel is to finalize a proposed Agreed Book of Documents by May 4, 2007 and a proposed Agreed Statement of Facts by May 25th, 2007. Another Case Management Conference is to be held before June 8th. to discuss cut off dates for futher matters such as examinations … Continued
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
At the case management conference Judge Bennett directed that: the matter was to be set down for a 4 week trial of the common isses all parties were to complete electronic document exchange, whereafter class counsel would prepare and circulate a proposed agreed statement of facts and list of agreed documents for use at trial.
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
The Appeal was heard on June 14, 2005. The Court of Appeal refused the appeal, in effect deciding that the original decision of the trial judge was correct. Reasons for Judgement, Court of Appeal – June 14, 2005
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