Bernlohr v. Former Employees of Aveos Fleet Performance Inc.

Bernlohr v. Former Employees of Aveos Fleet Performance Inc.

The Court certified the judicial review as a class proceeding and appointed Gilbert McMullen as representative respondent because the motion record disclosed a valid defence, there was an identifiable class of 1,691 members, the disputed legal and factual questions were common to the class, a class proceeding was...

Source-derived case information.

Citation
2019 FC 837
Parties
Applicants: Timothy J. Bernlohr; John C. Charles; Eugene I. Davis; Todd Dillabough; Joseph C. Kolshak; Sean Menke; Michael Rousseau; Donald T. Thomas; Respondents: Former Employees of Aveos Fleet Performance Inc.; Abdelaziz Aachati et al.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
20 June 2019
Procedural Posture
Judicial Review of Administrative Decision Certified as Class Proceeding / Motion for Certification and Appointment of Representative Respondent; Class Certification Order
Outcome
Motion granted; application for judicial review certified as class proceeding; Gilbert McMullen appointed representative respondent
Legal Topics
Judicial Review, Class Certification, Wage Recovery, Directors' Liability, Limitation Periods, Wage Earner Protection Program Act
Source Language
english
Administrative Law Labour Law Employment Law Class Actions Judicial Review Class Certification Wage Recovery Directors' Liability +2 more

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Parties

Timothy J. Bernlohr; John C. Charles; Eugene I. Davis; Todd Dillabough; Joseph C. Kolshak; Sean Menke; Michael Rousseau; Donald T. Thomas

Applicants

Former Employees of Aveos Fleet Performance Inc.; Abdelaziz Aachati et al.

Respondents

Procedural Posture

Judicial Review of Administrative Decision Certified as Class Proceeding / Motion for Certification and Appointment of Representative Respondent; Class Certification Order

Legal Issues

  1. 1 Whether Referee Flageole correctly concluded payment orders issued April 5, 2017 were not time-barred or forfeited
  2. 2 Whether notices of investigation dated December 17, 2013 suspended limitation periods for all respondents
  3. 3 Whether applicants (directors) are liable for amounts some respondents could have recovered under the Wage Earner Protection Program Act

Ratio Decidendi

The Court certified the judicial review as a class proceeding and appointed Gilbert McMullen as representative respondent because the motion record disclosed a valid defence, there was an identifiable class of 1,691 members, the disputed legal and factual questions were common to the class, a class proceeding was the preferable and efficient procedure, and the proposed representative and counsel were adequate; opt-out procedures and notice requirements were ordered.

Court Disposition

Motion granted; application for judicial review certified as class proceeding; Gilbert McMullen appointed representative respondent

Orders

  • Grant Gilbert McMullen’s motion and certify the case as a class proceeding
  • Appoint Gilbert McMullen as representative respondent for: "All respondents who are party to this application for judicial review, with the exception of respondents who have opted out under the opt-out procedure described in the notice to members"