PROCEDURE TO OPT IN OR OPT OUT Participation in the class action is not mandatory. By reading the definition of the class in the Certification Order, all persons will be able to learn whether they are or could be included in the class. BRITISH COLUMBIA RESIDENTS British Columbia residents who are within the definition of … Continued
On Thursday, February 13, 2005 the Honourable Judge Elizabeth Bennett pronounced Reasons for Judgement certifying the Western Star proceeding as a class action under the Class Proceedings Act.As well, the judge ordered that the pension claims and the employment claims be “severed”. This required class counsel to commence a separate action for the employment claims, … Continued
On June 30, 2003 with the assistance of the Case Management Judge, a new hearing was scheduled for September 11, 2003. At that hearing, class counsel intended to seek to have the court resolve all outstanding issues relating to certification of the pension class action. These issues primariliy relate to the appropriate subclasses for the … Continued
Class Counsel have commenced an Appeal to the British Columbia Court of Appeal. Freightliner Ltd. has cross appealed for an order that the matter be decertified. Notice of Appeal
The court determined that Freightliner had given effective advance notice of termination of employment when it notified employees of the plant closure. Reasons for Judgement
The hearing took place at the Vancouver courthouse on March 24th and 25th, 2004. The court was asked to determine whether Freightliner’s employees received any effective working notice of termination of their employment. Notice of Motion filed January 20, 2004 Affidavit of Peter Gregg sworn on July 24, 2002 Affidavit of Peter Gregg sworn on … Continued
Counsel for Freightliner have scheduled an examination for discovery of Peter Gregg, the representative plaintiff, at the offices of TevlinGleadle on February 19th, 2004.
The Employment Class action includes two subclasses. One class is for individuals who are resident of British Columbia, the other is for persons who are residents of any other jurisdiction. The Certification Order mandates certain steps to notify each person in both of the two classes, and then gives a period of time (until September … Continued
On June 30, 2003 Judge Bennett formally ordered that the employment law claim of Peter Gregg be certified as a class proceeding, with two classes. These two classes (one of BC residents, and one of non-BC residents) are more particularly described in the formal order which can be viewed by clicking the link below. Certification … Continued
Because the proceeding was intitally commenced as a joint action for pension and employment law claims, after the severance, it was necessary to start a new action for the employment law claims. A new action was commenced on April 4, 2003. Writ of Summons and Statement of Claim, revised to exclude Pension Claims
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