Supreme Court of British Columbia Certifies Class in Mac’s Convenience Store Class Action Lawsuit

The Supreme Court of British Columbia has ordered class certification in a class action lawsuit alleging Mac’s Convenience Store and other defendants breached certain employees’ contracts.

However, the Court did find the plaintiffs were not allowed to amend their notice of civil claims, with a few exceptions.

The plaintiffs came to Canada to work under the Temporary Foreign Worker Program, according to the Court’s order. 

They claim Mac’s Convenience Store, Overseas Immigration Services Inc., Overseas Career and Consulting Services Ltd., and Trident Immigration Services Ltd. as temporary workers, but that Mac’s then breached their contracts of employment by not actually providing jobs when the workers arrived.

Overseas allegedly charged Class Members unlawful recruitment fees, which was a breach of fiduciary duty, and became unjustly enriched through these fees.

The Class that has been certified is defined as anyone who, on or after Dec. 11, 2009, until the opt-out date set by the Court, made payments to Overseas Immigration Services Inc., Overseas Career and Consulting Services Ltd., and/or Trident Immigration Services Ltd. in exchange for employment at Mac’s and who were thereafter provided with employment contracts offering employment at Mac’s Convenience Stores operated by Mac’s Convenience Stores Inc. in British Columbia, Alberta, the Northwest Territories, and Saskatchewan under Canada’s Temporary Foreign Worker Program, which offer they accepted.

The Court ruled the breach of contract claims against Mac’s Convenience Store may continue as a certified class action lawsuit, as long as a Subclass is created in respect to the allegation that Mac’s failed to provide a job or the amount of work promised in employment contracts to members of the Subclass, as well as to the allegations that Mac’s failed to pay travel or other accommodation costs it had agreed to pay in the employment contracts with Subclass Members.

The Subclass is defined as anyone who, on or after Dec. 11, 2009, to the opt-out date, made payments to Overseas Immigration Services Inc., Overseas Career and Consulting Services Ltd., and/or Trident Immigration Services and who thereafter met the following conditions:

• entered into binding contracts (such as contracts in respect of which all conditions precedent were satisfied or waived) of employment with Mac’s Convenience Stores to work in Western Canada under Canada’s Temporary Foreign Worker Program
• obtained a valid work permit and, if required, travel visas to enter Canada to undertake such employment
• validly entered Canada and reported to work as required by their employment contracts
• were not provided by Mac’s Convenience Store with work at all, or were not provided with work in the amount specified in the contract of employment or in respect of whom Mac’s failed to pay expenses related to accommodation or travel costs which Mac’s was obligated to pay under such employment contracts

Each defendant has 30 days to provide plaintiff’s counsel with a list of all Class members and their contact information, Labour Market Opinions, and other information.

Have you worked for Mac’s Convenience Store? Let us know in the comment section below.

The plaintiff is represented by R.C. Gordon QC and S.A. Quail.

The Mac’s Convenience Store Class Action Lawsuit is Prakash B., et al. v. Mac’s Convenience Stores Inc., et al., Docket No. S1510284 in the Supreme Court of British Columbia.

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