Davidson v. T.E.S. Contract Services Inc.

Firms involved

Monkhouse Law Professional Corporation, Mathews, Dinsdale & Clark LLP

Plaintiff

ANN DAVIDSON

Law Firm

Monkhouse Law Professional Corporation

Lawyer(s)

Andrew Monkhouse

Alexandra Monkhouse

Defendant

T.E.S. CONTRACT SERVICES INC.

Law Firm

Mathews, Dinsdale & Clark LLP

Lawyer(s)

Stephanie M. Ramsay

Facts: Ann Davidson sought production of an application TES submitted for a license to operate as a temporary help agency (THA), along with related documents. Davidson is proposing a class action on behalf of individuals working with TES since November 6, 2009, who were classified as independent contractors.
Issues/Main Discussion: Whether TES operated as a THA, the nature of TES’s relationship with its workers, and whether class members were misclassified as independent contractors rather than employees, thereby entitled to employment standards protections.
Ruling: The court ordered the production of the application subject to redactions for parts not related to TES’s operation as a THA or its relationship with its workers. The decision was based on the relevance of these documents to the certification motion of the proposed class action.
Amount Awarded: Not applicable; the decision focused on the production of documents for a class action certification motion. Costs were reserved to the return of the certification motion.

Court

Superior Court of Justice - Ontario

Case Number

CV-20-00645736-00CP

Practice Area

Labour & Employment Law

Amount

Winner

Plaintiff

Trial Start Date

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