This is an employment law class action we brought on behalf of Ms. Macaraeg and all other employees of the defendants who worked but were not paid for overtime. We initially persuaded the BC Supreme Court to exercise jurisdiction over the employee’s claims for overtime based on the British Columbia Employment Standards Act. The trial court concluded that the plaintiff was expressly not limited to a claim under the “machinery” of the said Act.
The decision has broad implications for employment law class actions in the province. The case was later overturned by the Court of Appeal, and leave to the Supreme Court of Canada was refused without reasons.