NOTICE OF CLASS ACTION CERTIFICATION
An action alleging that the Province of Ontario breached its contractual undertaking to certain employees whose employment was transferred from municipal providers to Community Care Access Centres in or around 1997 is pending before the Ontario Superior Court of Justice. The action, Alexander v. Ontario, File No. CV-13-477703-00CP, was certified as a class action on November 25, 2014. Darlene Alexander of Stratford, Ontario, is the representative plaintiff.
The Class Members are as follows:
(a) employees and former employees of municipalities or service providers associated with municipalities (hereinafter referred to as “municipal providers”) whose employment was transferred from the municipal providers to newly-established Community Care Access Centres (“CCACs”) and who were members of CUPE at the time of the transfer and who did not subsequently become members of the Ontario Nurses Association (“ONA”) or the Ontario Public Service Employees Union (“OPSEU”) and for greater certainty, those who became enrolled in the Healthcare of Ontario Pension Plan, formerly known as the Hospitals of Ontario Pension Plan, (“HOOP”) and were previously enrolled in the Ontario Municipal Employees Retirement System (“Former Plan”); and
(b) employees of the municipal providers whose employment was transferred from the municipal providers to CCACs who subsequently became members of CUPE and who were not members of CUPE, ONA, or OPSEU at the time of the transfer.
WHAT IS THE LAWSUIT ABOUT?
The allegation is that the defendant undertook to ensure that the affected employees would not suffer financial losses with respect to their pension rights. The class action seeks monetary compensation and a declaration that the breach of this undertaking has caused and will cause the Class financial losses to their pension benefits. The Province of Ontario disputes the claim.
YOUR RIGHT TO CHOOSE WHETHER OR NOT TO BE PART OF THE LAWSUIT
If you fall within the class definition described above, you do not need to do anything. You are automatically included in the class unless you opt out of this proceeding.
If you want to be excluded from the class, you must send a letter indicating your desire to opt-out, including your name, address, phone number and any other contact information, to the law firm Sack Goldblatt Mitchell LLP (“SGM”), class counsel, at the address specified below.
The deadline for opting out is March 23, 2015. If your written request to opt out is not received by that date, you will remain a member of the class.
Class Members who do not opt out will be bound by any determination made in this case, whether favourable or not, and whether or not they make a claim.
FINANCIAL ARRANGEMENTS
The Class Members will not be responsible for any legal costs of the class action or have other financial obligations as a result of the lawsuit.
ADDITIONAL INFORMATION
A complete copy of the statement of claim, statement of defence, and certification order is available by contacting SGM at the address below.
If you wish to participate personally in the lawsuit, you may apply to the Court for permission to do so.
Requests for information should be directed to Jordan Goldblatt of SGM in one of the following ways, marked re: CCAC Class Action
phone: 416-979-4252
e-mail [email protected]
fax: 416-591-7333
mail: 20 Dundas St. West, Suite 1100, Toronto, ON M5G 2G8
Please do not call the Province of Ontario or the Court about this action. Class member inquiries should be directed to class counsel.
