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This settlement is closed!
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A $2.9 million settlement has been approved in an unpaid wages class action lawsuit against Primary Response Inc. and Garda Canada Security Corp.
If you worked as a Primary Response security guard in Ontario since Aug. 6, 2016, you may be entitled to compensation from the unpaid wages class action settlement.
Garda reportedly purchased Primary Response at the start of 2018. The defendants do not admit any wrongdoing, but agreed to settle the unpaid wages class action lawsuit to avoid the burden and expense of ongoing litigation.
Primary Response Class Action Lawsuit
Plaintiff Kionna Horner filed the Primary Response class action lawsuit on Aug. 20, 2018 on behalf of all current and security guards who worked for Primary Response in Ontario since Aug. 6, 2016. Security guards who had terms and conditions of employment that were governed by a collective agreement are not included in this unpaid wages class action settlement.
According to the Primary Response class action lawsuit, Primary Response violated the Employment Standards Act and Class Members’ employment contracts by requiring them to show up to work at least 15 minutes early without compensating them for this time and by unlawfully averaging overtime pay over a two-week pay period after the overtime averaging agreement expired.
Horner also accused Primary Response of requiring employees to attend training and orientation sessions without pay and making deductions from employees’ wages for uniforms and other items that did not comply with the Employment Standards Act.
The Primary Response class action lawsuit asserted claims for breach of the Employment Standards Act, breach of contract/duty of good faith, unjust enrichment and negligence.
Horner initially sought $25 million in damages, plus $2 million in punitive, aggravated and exemplary damages.
Class Action Lawsuit: Primary Response Acted in Bad Faith
In the unpaid wages class action lawsuit, Horner alleges Primary Response acted in bad faith and breached its contract with employees. She says Primary Response failed to maintain accurate records of all hours Class Members worked and to ensure that they were paid for all of the hours they worked.
According to the Primary Response class action lawsuit, Class Members were required to complete 15 minutes of work before their official shift start time. During this time they would allegedly have a shift change conversation with their dispatcher, supervisor or the guard being relieved, and they would also review memo book entries. They were allegedly not compensated for this time.
Horner also says Primary Response concealed that its overtime averaging agreement expired and that its application for a new agreement had been denied. She claims Class Members routinely worked more than 44 hours per week; however, Primary Response allegedly failed to pay them overtime pay as required by the ESA.
Primary Response also allegedly withheld wages or made deductions from an employee’s wages. By deducting wages to cover the cost of employees’ uniforms, Primary Response was in violation of the ESA, according to the unpaid wages class action lawsuit.
How Much Can Class Members Claim?
Under the terms of the Primary Response class action settlement, the defendants will pay $700,000 to settle claims related to pre-shift time, $600,000 for overtime averaging claims, $170,000 for unpaid training claims and $140,000 for uniform wage deductions.
Class Members may submit a claim for one or more of these issues. The settlement administrator will divide the amounts equally between the Class Members who submit claims for each issue.
Anyone wishing to take part in this settlement must complete the Administration Form in addition to registering on
Please note that you must complete the Administration Form in addition to registering on the website maintained by Class Counsel.
The Administration Form may be submitted online or by mail to the Claims Administrator, RicePoint. A hard copy of the form was sent with the settlement notice to each Class Member on Jan. 14, 2021.
The deadline to opt out of the Primary Response class action settlement has passed.
The completed Administration Form must be submitted by April 14, 2021.
Who’s Eligible
Class Members of the Primary Response settlement include: “All security guards (including concierges), mobile security guards, dispatchers/communications operatives, supervisors and mobile supervisors employed by Primary Response Inc. in the Province of Ontario, for the period from February 27, 2011 to January 15, 2018, save and except for those employed under a Collective Agreement.”
Potential Award
Varies. The amount each Class Member will receive depends on which settlement issue or issues they claim and how many total Class Members submit claims for the issue(s).
The four unpaid wage issues covered by the Primary Response class action settlement include:
- Pre-shift time
- Overtime averaging
- Training
- Uniforms
Class Members may choose to receive their payment by EFT, e-transfer, or cheque.
Proof of Purchase
N/A. Class Members are not required to submit any documentation; however, they may be required to verify that they worked for Primary Response during the Class Period.
Claim Form
NOTE: If you do not qualify for this settlement do NOT file a claim.
Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.
Claim Form Deadline
4/14/2021
Case Name
Horner v. Primary Response Inc., et al., Case No. CV-18-00603648-00CP, in the Ontario Superior Court of Justice, Canada.
Final Hearing
12/15/2020
Settlement Website
Claims Administrator
Primary Response Class Action
c/o Ricepoint Administration Inc.
P.O. Box 4454, Toronto Station A
25 The Esplanade
Toronto, ON M5W 4B1
Phone: 1-866-714-9373
PrimaryResponseSettlement@RicePoint.com
Class Counsel
Joshua Mandryk
Tanya Atherfold-Desilva
GOLDBLATT PARTNERS LLP
Defense Counsel
BAKER & MCKENZIE LLP
NORTON ROSE FULBRIGHT CANADA LLP
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3 thoughts onSecurity Guard Unpaid Wages Class Action Lawsuit Reaches $2.9M Settlement
After almost two years, I’m still smiling about this victory.
Yep i highly agree i complained to them about my uniform deductions and they basically told me to F off… Left with like 13 dollars that they told me would be sent to my account in 7-10 business days only thing they didn’t receive was a tie..
Having worked for this company, it serves em right. There will be no more bully tactics from this company. It’s a huge win for all involved, and all who were forced out for standing up for their rights.