On February 21, 2019, a class action lawsuit was commenced in the Ontario Superior Court of Justice by Stephen Aps (“Mr. Aps”) against Flight Centre Travel Group (Canada) Inc. (“Flight Centre”). The lawsuit asserts claims made on Mr. Aps’ own behalf and on behalf of the Class and primarily alleges that Flight Centre owes compensation to members of the Class for unpaid hours of work, including overtime hours (the “Class Action”).
Following a mediation in July 2020, Mr. Aps and Flight Centre reached an agreement to certify and settle the Class Action, subject to approval of the Ontario Superior Court of Justice (the “Proposed Settlement”).
The settlement must be approved by the Court before it is finalized. As a Class Member, you have a right to take part in the approval hearing if you wish. The process for taking part in the approval hearing is set out below.
The motion to approve the Proposed Settlement will be heard on November 9, 2020 at 10:00 A.M. (EST). If the hearing is held by remote technology, instructions for viewing the hearing remotely will be posted on the website of Class Counsel (www.goldblattpartners.com and this website at a later date.
At the hearing of the motion, the Court will determine whether the terms of the Proposed Settlement are fair and reasonable and in the best interests of the Class. Mr. Aps and the Defendant believe that the Proposed Settlement is fair, reasonable and in the best interests of the Class. If the Court is satisfied with the fairness of the Proposed Settlement, it will be approved.
Members of the Class and the public may attend the approval motion hearing, but are not required to do so. Class members are entitled, but not obligated, to express their opinions about the Proposed Settlement and whether or not it should be approved at the motion hearing. If Class members wish to make a written submission to the Court, they must deliver written submissions to Goldblatt Partners LLP (“Class Counsel”), at the address for Class Counsel on the contact pages of this website, no later than October 30, 2020, so that it can be brought to the attention of the Court and the Parties in advance. Any written submissions must include:
Please note that any written submissions will NOT be confidential, and they will be shared with the Defendant and filed publicly with the Court.
All information received from the Defendant or the Class Members is collected, used, and retained by the Claims Administrator pursuant to, inter alia, the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5 for the purposes of administering their Claims.
The detailed terms of the settlement are set out in the settlement agreement between the parties. A copy of it can be found at goldblattpartners.com or the Documents page of this website. A copy can also be obtained by contacting Class Counsel (please see the contact pages of this website). This notice contains a summary of some of the terms of the Settlement Agreement. If there is a conflict between this notice and the Settlement Agreement, the terms of the Settlement Agreement shall prevail.
Pursuant to the settlement, the Defendant will pay $7 million (the “Settlement Fund”). Payments will be made from the Settlement Fund for Class Counsel Fees (subject to court approval), disbursements and a representative plaintiff honorarium (subject to court approval). There will also be holdbacks for administrative expenses and taxes. The remaining amount (the “Claim Fund”) will be distributed to Class Members through a claims process overseen by a Claims Administrator, Trilogy Class Action Services. It is estimated that the remaining amount will be approximately $4,620,000.00.
Please see the Claims Procedure page of this website.
If there is a conflict between the wording of this website, the claims administration portal - the Claim Form, provisions of the Notice (abbreviated, short-form and long-form Notices) and the settlement agreement or Distribution Protocol, the terms of the Settlement Agreement or Distribution Protocol, as applicable, shall prevail.
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