Bernlohr v. Former Employees of Aveos Fleet Performance Inc.

Bernlohr v. Former Employees of Aveos Fleet Performance Inc.

The Court approved the settlement as fair, reasonable and in the best interests of the respondent class, ordered implementation of the Agreement by the Labour Program according to its terms, reserved jurisdiction over administration issues, and expressly did not decide the merits of referee Flageole’s decision.

Citation
2021 FC 113
Parties
Applicants: TIMOTHY J. BERNLOHR; JOHN C. CHARLES; EUGENE I. DAVIS; TODD DILLABOUGH; JOSEPH C. KOLSHAK; SEAN MENKE; MICHAEL ROUSSEAU; DONALD T. THOMAS; Respondents (class): Former Employees of Aveos Fleet Performance Inc. subject to the wage recovery appeal; Abdelaziz Aachati et al.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
3 February 2021
Procedural Posture
Reverse Class Proceeding — Judicial Review of Labour Program Payment Orders / Settlement Approval Hearing; Judgment Approving Settlement and Directing Implementation by Labour Program
Outcome
Settlement agreement approved as fair, reasonable and in the best interests of the respondent members
Legal Topics
Settlement Approval, Wage Recovery, Limitation Periods, Payment Orders, Distribution of Settlement Funds
Source Language
English
Labour Law Class Actions Administrative Law Bankruptcy Law Civil Procedure Settlement Approval Wage Recovery Limitation Periods +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. subject to the wage recovery appeal; Abdelaziz Aachati et al.

Respondents (class)

Procedural Posture

Reverse Class Proceeding — Judicial Review of Labour Program Payment Orders / Settlement Approval Hearing; Judgment Approving Settlement and Directing Implementation by Labour Program

Legal Issues

  1. 1 Whether the out-of-court settlement agreement is fair, reasonable and in the best interests of the class
  2. 2 Whether the referee erred in concluding claims were not time‑barred under subsection 119(3) of the CBCA and article 2890 CCQ (issue raised in the pending judicial review)
  3. 3 Appropriate mechanism for administration and distribution of settlement funds by the Labour Program

Ratio Decidendi

The Court approved the settlement as fair, reasonable and in the best interests of the respondent class, ordered implementation of the Agreement by the Labour Program according to its terms, reserved jurisdiction over administration issues, and expressly did not decide the merits of referee Flageole’s decision.

Court Disposition

Settlement agreement approved as fair, reasonable and in the best interests of the respondent members

Orders

  • The Agreement is fair, reasonable and in the best interests of the respondent members and is approved by the Court
  • The Agreement constitutes a full and final settlement of any dispute arising from the decision of referee Pierre Flageole