04-Jul-19

No.Court File No. VLC-S-S-197593

Vancouver
Vancouver Registry

In the Supreme Court of British Columbia

Between

Sharon Freeman
suing on her own behalf and in a representative capacity
on behalf of all employees who work or worked for the defendant
and/or its predecessors and subsidiaries; and suffered loss
as a consequence of the defendant's failure to pay overtime pay,
statutory holiday pay, and contractual wage rates for hours worked.

Plaintiff

and

SNFW Fitness B.C. Ltd.

doing business as
Steve Nash Fitness World, Steve Nash Sports Club and UFC Gym BC

Defendant

Brought under the Class Proceedings Act

NOTICE OF CIVIL CLAIM

This action has been started by the plaintiff(s) for the relief set out in Part 2 below.

If you intend to respond to this action, you or your lawyer must

(a) file a response to civil claim in Form 2 in the above-named registry of this
court within the time for response to civil claim described below, and
(b) serve a copy of the filed response to civil claim on the plaintiff.

If you intend to make a counterclaim, you or your lawyer must

(a) file a response to civil claim in Form 2 and a counterclaim in Form 3 in the
above-named registry of this court within the time for response to civil claim
described below, and
(b) serve a copy of the filed response to civil claim and counterclaim on the
plaintiff and on any new parties named in the counterclaim.

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JUDGMENT MAY BE PRONOUNCED AGAINST YOU IF YOU FAIL to file the response to
civil claim within the time for response to civil claim described below.

Time for response to civil claim

A response to civil claim must be filed and served on the plaintiff(s),

(a) if you were served with the notice of civil claim anywhere in Canada, within 21 days
after that service,
(b) if you were served with the notice of civil claim anywhere in the United States of
America, within 35 days after that service,
(c) if you were served with the notice of civil claim anywhere else, within 49 days after that
services, or,
(d) if the time for response to civil claim has been set by order of the court, within that time.

CLAIM OF THE PLAINTIFF

Part 1: STATEMENT OF FACTS

THE PARTIES AND THE CLASS

The Representative Plaintiff

1. The Plaintiff, Sharon Freeman, lives in the city of Vancouver, is a resident of British
Columbia, and has been employed as a group fitness instructor with the Defendant and its
predecessors since 2004.

2. The Plaintiff began her employment as an employee of the Defendant’s predecessor, 24

Hour Fitness Ltd. in October 2004 as a group fitness instructor and has remained in that
position since.

3. In 2009, FWG Acquisition Ltd. purchased all of the assets of Fitness World Group. At this
time FWG Acquisition Ltd. offered employment to the Plaintiff and further informed her
that it would recognize her length of service with Fitness World Group for all purposes.

4. In 2009, Steve Nash Fitness World & Sports Club and Fitness World Group merged. Since
that time the Plaintiff has been employed by the Defendant.

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The Class

5. This action is brought on behalf of the Plaintiff and all persons, wherever they reside, who:

(a) are current or former non-managerial employees of the Defendant for the period of July
3, 2017 to the date certification is granted in this action;

(b) have or had their contractual terms governed by the Employee Handbook; and,

(c) suffered loss as a consequence of the Defendant’s failure to pay overtime pay, statutory
holiday pay, and contractual wage rates for hours worked;

(“the Class” or “Class Members”)

or such other Class definition as this Court may ultimately decide on the Plaintiff’s motion
for certification.

The Defendant

6. The Defendant, SNFW Fitness BC Ltd. (“SNFW”), is a company incorporated pursuant to

the laws of British Columbia and has an address for service at Lawson Lundell LLP, 1600-
925 West Georgia Street, Vancouver, British Columbia, V6C 3L2.

7. SNFW owns and operates a chain of fitness facilities doing business as Steve Nash Fitness
World, Steve Nash Sports Clubs and UFC GYM in BC (collectively, the “facilities”).

8. SNFW has expanded its operations to include approximately 23 facilities and claims to be
“BC’s largest fitness provider.”

9. SNFW has highly standardized work locations, job descriptions, policies and practices
across all of its facilities.

CLASS MEMBERS’ CLAIM

Class Members’ Employment Contract

10. The policies and procedures of the Defendant are published in the Employee Handbook,
which are supplemented by classification-specific terms of employment set out in the
Employment Agreement and appendices (collectively, the “Employment Contract”).

11. The Employee Handbook covers contractual terms of the Employment Contract that apply
uniformly to all Class Members. Furthermore, at page 23-9 the Employee Handbook

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 incorporates the Employment Standards Act, RSBC 1996, c 113 with respect to hours of
work, overtime pay, vacation, statutory holidays, and unpaid personal leave.

12. In addition to the Employee Handbook, employees also receive an Employment Agreement.
The appendices to the Employment Agreement contains additional information, policies and
procedures specific to the particular job category.

13. The Class Members’ Employment Contracts incorporate the Employment Standards Act,
RSBC 1996, c 113, as express terms.

14. The Class Members are employed under standard Employment Agreements for each
classification under virtually identical terms across all the facilities. Each Employment
Agreement contains a Schedule A, B, C, and D. The schedules provide more specific terms
for the specified classification.

15. The schedules specific to each classification, do not alter or conflict with the Employee
Handbook.

16. The standard written Schedule A - "Terms and Conditions of Employment" policies include
provisions with respect to overtime, breaks, vacation, and benefits and do not differ
materially from classification to classification.

17. The compensation of the Class Members is provided in standard Schedule B -

"Compensation Plans" for each classification.

18. The duties of the Class Members are listed in standard Schedule C - “Job Descriptions” for
each classification.

19. Job - specific expectations of the Class Members are listed in standard Schedule D -
“Expectations, Protocols & Standards.”

20. All Class Members record their hours electronically using a computer program called
Kronos and/or MOSO.

21. It is a term of the Employment Contract that all hours worked would be paid in accordance
with the contractual provisions.

22. The Class Members plead the Defendant owed them a duty of good faith that was
incorporated into their Employment Contracts.

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Failure to Properly Record and Pay for Time Worked

23. There are common factors that routinely and consistently contribute to the Class Members
working time for which they are not paid or working at classification rates without proper
compensation. SNFW downloads the responsibility to track and monitor hours worked,
overtime and classification rates on Class Members, and fails to adequately monitor those
hours to ensure they are in compliance with the Employment Contract.

24. The hours of work and contractual rates of pay are clearly stipulated in the Employment
Contract. SNFW employees record their hours electronically through a standard computer
program. However, as a matter of systemic policy or practice flowing from managerial
incentives, approval requirements, demands of clients, sales targets and pressure exerted by
facility managers, the hours are improperly recorded and/or altered as a method of increasing
the Defendant’s profitability.

25. Managerial compensation at each facility is heavily structured on the profitability of the
facility. Management therefore have a direct pecuniary interest in discouraging and limiting
additional pay or hours of work that do not directly contribute to income.

26. Class Members require approval prior to working specific hours related to overtime, client
recruiting or client servicing. These add to the expenses of providing the service and are
strongly discouraged by management operating under intense economic incentives.
Problematically, the nature of the work flow and the demands of the clients do not permit
pre-authorization in every instance. If Class Members work unscheduled hours to fulfill the
requirements of their job, they will not be paid for such hours.

27. Class Members are expected to provide the highest level of service to clients of SNFW. The
clients require flexible and emergent scheduling which are incompatible with the
Defendant’s policies requiring pre-approval.

28. As discussed below, Class Members are under intense pressure to meet unrealistic sales,
session and service targets. These targets, especially for new employees, can not be met with
the amount of hours that management is willing to schedule. The sales pressures, operating
in tandem with managerial policies leads to a culture and attitude of non-compliance with
the Employment Contract. Furthermore, specific requirements of the job, which involve
interactions with clients and administrative work, are systematically unpaid.

29. The Defendant directed and/or permitted, and knew or should have known, the Class
Members were consistently required to work unpaid hours, in order to satisfy the duties and
meet the sales goals and/or performance targets associated with their positions.

30. As a matter of systemic policy and practice, and without lawful excuse, the Defendant
strictly discouraged its employees from requesting payment for hours of work in excess of

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 those scheduled or for rates above regular pay. Where pay is requested for hours worked in
excess of those scheduled, or for rates above normally permitted, the Defendant regularly
refuses to pay the same.

31. The Defendant systematically ignored and breached the Employment Contract in a manner
that deprived the Class Members of proper payment for overtime pay, statutory holiday pay,
and contractual wage rates for hours worked. Such breaches have correspondingly increased
the Defendant’s profitability.

Failure to Pay Overtime

32. The Employee Handbook, at page 24, sets out the overtime policy that applies to all of the
Class members, and states the following:

Overtime
The standard work week (Sunday- Saturday) consists of an 8-hour work day and a 40-
hour work week. Overtime must be pre-approved by your manager prior to being
worked and is paid in accordance with Employment Standards Act of BC...

33. Despite this policy, the Class Members are systemically prevented from claiming and/or
receiving overtime compensation in accordance with the Employment Standards Act,
because the policy is more restrictive than section 35 of that Act, which requires overtime
pay if the employer indirectly allows the employee to work overtime:

Maximum hours of work before overtime applies

35 (1) An employer must pay an employee overtime wages in accordance with
section 40 if the employer requires, or directly or indirectly allows, the employee to
work more than 8 hours a day or 40 hours a week.

34. In practice, the Defendant will not pay overtime to any Class Member who does not receive
prior authorization for the hours of work regardless of whether it has indirectly permitted the
overtime.

Failure to Pay Statutory Holidays

35. The Employee Handbook sets out the right Class Members have to statutory holiday pay:

Statutory Holidays
To be eligible for statutory holiday pay, you must have been employed for 30 calendar
days and have worked on 15 of the 30 days prior to the statutory holiday...
[...]
If you are scheduled to work on a statutory holiday:
- Hourly Team Member: you are eligible for 1.5 pay, if you meet the above criteria.
- Salaried Team Member: You are eligible for a day off in lieu, with pay.

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36. The Defendant has not paid Class members for an unworked statutory holiday even if they
qualify under the terms of the Employment Contract.

37. Additionally, when Class Members work a statutory holiday, they are not paid in accordance
with the contract.

Failure to Pay for Minimum Hours of Work

38. The Class Members of the Defendant regularly attend for work in less than two hour
increments and are not paid the two hour minimum stipulated in the Employment Contract.

39. The Employee Handbook at page 23 incorporates the Employment Standards Act, RSBC
1996, c 113 with respect to minimum hours of work:

Payroll
...
If you are scheduled to report to work and are sent home, you will be paid for at least 2
hours if the shift is eight 8 hours or less and for 4 hours if the shift is 8 hours or more.

40. Many Class Members are required to service the clients of the Defendant at odd intervals.
On occasion, this will require Class Members to attend work for less than two hours. On
those occasions, the Class Members are only paid for their actual hours worked in breach of
their Employment Contract.

Failure to Pay Appropriate Rate

41. The Defendant regularly underpays Class Members by failing to pay the appropriate or
specialized rate, as stipulated in their Employment Contract.

42. Moreover, the Defendant provides a free personal training session for every client on their
birthday. When these are allocated to the personal trainers they are paid at the club rate
rather than the trainer’s own specialized rate.

43. Additionally, each group fitness instructor is paid a regular class rate for their level of
experience and expertise. The Employment Agreement - Group Fitness Instructor: Schedule
B – Compensation Plan provides that Group Fitness Instructors are paid per group fitness
class, with higher rates for Specialty Classes. Therefore, Group Fitness Instructors are
entitled to a higher session rate when they teach a specialized class. The Employer has
systematically ignored the specialized rates thereby breaching the contractual rates of pay for
the group fitness instructors.

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Failure to Pay Proper Contractual Rate of Pay

44. Recently, certain Class Members, including the Plaintiff, complained that they were entitled
to two hour minimums when reporting to work for less than two hours. In response, the
Defendant has sought to pay Group Fitness Instructors and Personal Trainers half their
session rate where the two hour minimum supplement would otherwise be required. The
Defendant purports to spread the one hour session rate out over a two hour period.

45. This is in contrast to the express rates of pay for the Group Fitness Instructors and the
Personal Trainers. Those Class Members have a contractual right to their full “session rate”
as set out in their Employment Contracts.

Unpaid Hours Of Work

46. Among the Class Members there are common features that regularly contribute to the Class
Members working unpaid hours above those set out in their schedules. The Defendant
systematically requires or encourages the Class Members to work unpaid hours as a matter
of policy and without lawful excuse in order to meet the minimum requirements of their job
descriptions, as set out in the Expectations, Protocols, and Standards.

47. Additionally, the Employer facilitates the exploitation of Class Members working unpaid
hours through its time keeping policies. The Defendant systematically failed to track, record,
monitor or compensate the Class Members employed as Personal Trainers and Group Fitness
Trainers for time spent meeting the minimum requirements of their job.

Failure to Pay for Activities That do not Directly Contribute to Income

48. The Defendant requires Class Members to attend work for certain work-related purposes,
which do not directly provide revenue. These various meetings and activities contribute to
the Defendant’s business in important ways. Despite the necessity of the Class Members’
participation in these important endeavours, the Defendant does not always compensate the
Class Members for their time. Some of the unpaid time includes the following:

(a) mandatory training upon hire;

(b) dotFit training (nutrition and supplements educational program);
(c) coaching meetings;
(d) tours for prospective members;
(e) team workouts; and
(f) shadowing of other trainers upon hire.

49. The failure to pay Class Members for required attendance at work is in breach of implied
and express terms of the Employment Contract. Despite these contractual provisions, Class
Members attend work for a variety of matters that do not directly contribute to revenue and
are not paid for their time.

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Failure to Pay for Class Preparation

50. The job descriptions for Class Members who provide one-on-one or group sessions for the
Defendant’s clients includes as a “responsibility” of their positions, the requirement to
“prepare class formats in advance”. Furthermore, Class Members are required and instructed
to meet with, socialize and answer questions from the Defendant’s clients.

51. Class Members have never been provided adequate paid time to prepare class formats in
advance or meet with clients prior to or after class. Meeting with, speaking to and answering
questions of clients also takes a considerable amount of time before and after a session.
Although this is an expected part of client servicing, Class Members are not paid for this
time.

52. Class Members who are subject to these requirements do so without full compensation.

Failure to Pay Prospecting Hours

53. As part of their contracts, the Class Members employed as Personal Trainers must meet
certain minimum business requirements. Not meeting these requirements can steeply reduce
their pay. Additionally, Class Members can face discipline, up to and including termination.

54. The Employment Agreement - Personal Trainer: Schedule B– Compensation Plan sets out
these business requirements as follows:

Compensation
Base pay: you will be paid minimum wage as provided under the Employment
Standards Act of BC for all hours worked. Hours worked include conducting
Evaluations, Goal Assessments, other non-session hours scheduled by your manager and
conducting personal training sessions...

Session Commission: You will be paid session commission for all qualifying personal
training sessions you conduct. Session commission is based on the personal trainer level
rate paid by the client. You are expected to conduct a minimum of 40 sessions per
month...

55. In addition to the above requirement of 40 sessions per month, the Class Members employed
as personal trainers have aggressive sales targets for additional fitness programs and
supplement sales. The Employment Agreement - Personal Trainer: Schedule B–
Compensation Plan sets out these sales targets as follows:

Personal Training Sales Commission: if you meet the minimum sales requirements of
$2000 in personal training in a month, you will be eligible to earn 10% on all personal
training sessions agreements you personally sell in a month. This is calculated as

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 percentage of all session sales. For example, $1,999 = no commission; $2000 = $200
commission....

Supplement Sales Commission: If you meet the minimum sales requirements of $200
in supplement sales in a month, you will be eligible to earn 10% commission on all
supplement sales you personally sell in a month. For example: $199 = no commission;
$200 = $20 commission.

56. The Employment Agreement - Personal Trainer: Schedule C – Job Description further sets
out these sales expectations under “responsibilities”:

Responsibilities

Actively develop and maintain an engaged client base through new business
development...[Emphasis added]

Achieve targets assigned to all personal trainers for personal training revenue and
complementary products and services e.g. supplements. [Emphasis added]

57. Sales targets are required performance expectations of personal trainers. The Employment
Agreement - Personal Trainer: Schedule D – Personal Trainer Expectations, Protocols &
Standards sets out the mandatory nature of these sales targets:

Business Expectations

As per the SNFW Personal Trainer Compensation Plan, you must meet the minimum
monthly requirements of $2000 in fitness sales, $200 in supplement sales, and 40
sessions services each month...[Emphasis added]

58. When Personal Trainers do not meet the contractual targets in Schedule B they are required
to attend disciplinary or coaching meetings with the district manager, which are normally
held on unpaid time, for a duration of three hours.

59. These mandatory minimum obligations of the personal trainers require the Personal Trainer
to “prospect” for new clients. Prospecting involves, inter alia, approaching and giving sales
pitches to the Defendant’s members on the gym floor, making phone calls to existing
members, doing outreach at community events, and providing evaluations to prospective
personal training clients.

60. Recruiting or "prospecting" for new clients, sufficient to meet contractual obligations,
requires approximately 3 to 5 hours of prospecting time every day.

61. The Defendant will, on occasion, pay for prospecting but such paid time is insufficient for
Class Members to meet their obligations. Consequently, Class Members are encouraged and

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 expected to recruit on their own time and without compensation in order to meet the monthly
minimum session and sales targets.

Shifting or Delaying Sales

62. The compensation for managers at each facility is heavily dependent on revenue targets set
by senior management. These targets will, on occasion, lead to perverse manipulation of
Class Members’ sales which can negatively affect their own targets.

63. Managers in various facilities will manipulate the dates and closing of sales to increase their
club’s revenue for any specific month, in a manner that increases their own commission.
Managers have, on occasion, shifted Class Members’ sales to future months so that
individuals would not reach their significant bonuses or to ensure the revenue targets would
be met the following month.

64. As all of the commissioned Class Members have their targets set monthly, this shifting of
dates can cause significant diminution of pay.

Intimidation of Class Members

65. Ms. Freeman and other Class Members have been discussing legal options available to
enforce their contractual and statutory rights. The Defendant has learned of these discussions
and has questioned various Class Members as to their involvement with any possible legal
action and has further singled out and intimidated Ms. Freeman and others.

66. Recently Ms. Freeman was excluded from a "Town Hall" meeting which she has been
invited to in previous years. Ms. Freeman had heard that a handout was distributed at this
meeting and had contacted her co-workers to obtain the handout.

67. After learning that Ms. Freeman had made inquiries among coworkers about the handout
from the meeting, Ms. Freeman was asked to attend a disciplinary meeting with human
resources.

68. In late January, Ingrid Knight-Cohee made phone calls to colleagues of Ms. Freeman
inquiring into their knowledge of any legal action she might be involved in.

69. Mr. Smith also accused another Class Member of sending Ms. Freeman "confidential
information" related to the handout. Mr. Smith informed this employee that he would be
sending a "cease and desist" letter to Ms. Freeman in regards to this matter.

70. On February 7, 2019, Ms. Freeman received a Cease and Desist letter (“the Letter”) from
Kate Magel, Human Resources Manager, dated January 31, 2019. In the Letter, Ms. Magel
informed Ms. Freeman that “a number of” employees had complained about Ms. Freeman.
This was false and was meant to intimidate Ms. Freeman.

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71. Ms. Magel accused Ms. Freeman of harassing other employees at work and making
“unwelcome contact by phone and email.” Ms. Magel also accused Ms. Freeman of being
dishonest and of violating the SNFW confidentiality policy and the Personal Information
Protection Act.

72. Ms. Magel stated in the Letter that Ms. Freeman would be disciplined for a three month
period. The disciplinary consequences included barring Ms. Freeman from attending SNFW
clubs as a guest or member. Ms. Freeman was directed in the Letter to immediately leave the
club upon finishing her shifts for the duration of the three month period. Ms. Magel warned
Ms. Freeman in the Letter that “any further misconduct” would result in the termination of
Ms. Freeman’s employment for cause.

73. The actions against Ms. Freeman were meant to intimidate and retaliate against Ms. Freeman
for her interest in enforcing her own legal rights and those of her colleagues.

74. The Defendant has further intimidated other Class Members who it believed and understood
were discussing legal action against it.

Part 2: RELIEF SOUGHT

75. The Plaintiff on her own behalf and on behalf of the Class Members seeks the following
relief:

(a) an order pursuant to the Class Proceedings Act, R.S.B.C. 1996, c. 50 certifying this
action as a class proceeding and appointing the Plaintiff, Ms. Freeman, as the
representative Plaintiff of the Class;

(b) a declaration that the Defendant breached the Class Members’ express or implied terms
of its employment contract with the Class Members, including:
(i) failure to pay overtime;
(ii) failure to pay statutory holiday pay;
(iii) failure to pay minimum hours of work;
(iv) failure to pay for required attendance at work;
(v) failure to pay for class preparation and other administrative tasks;
(vi) failure to pay for prospecting hours; and,
(vii) failure to provide proper bonuses.

(c) an order for damages for the Defendant’s breaches of contract;

(d) a declaration that the Defendant has been unjustly enriched;

(e) an order for monetary damages in the amount of the Defendant’s unjust enrichment;

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(f) a declaration that the Defendant breached its fiduciary duty to the Class Members;

(g) an order for an accounting of the benefit derived by the Defendant for its fiduciary
breaches;

(h) an order for damages for the Defendant’s breach of fiduciary duty;

(i) a declaration that the Defendant has breached its duty of good faith and fair dealing and
an order for damages for breaching that duty;

(j) an order for aggravated damages for the Class in a sum as this Honourable Court deems
just. The facts on which Ms. Freeman and the Class members rely on in support of this
claim are as follows:

(i) the Defendant used its power over the Class Members to promote the Defendant’s
interests in the employment relationship in a manner that conflicted with the
Defendant’s duty of good faith and fair dealing;
(ii) the Defendant’s attempts to intimidate Ms. Freeman and the Class Members for
exercising their legal rights has caused anxiety, humiliation, loss of self-esteem, and
mental distress to Ms. Freeman and the Class members;

(k) a declaration that the Defendant has acted negligently in failing to record and pay the
time and pay of Class Members and an order for subsequent damages;

(l) an order for $20 million in general damages for the Class; or such other sum as this
Honourable Court deems just;

(m) an order for damages in the amount of the Class Members’ lost wages within the time
frame permitted by this action;

(n) an order pursuant to the Class Proceedings Act, R.S.B.C. 1996, c. 50, directing an
aggregate assessment of damages;

(o) interest according to the Court Order Interest Act, R.S.B.C. 1996, c. 79; and,

(p) such further and other relief this Honourable Court may deem just and equitable in
all of the circumstances.

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Part 3: LEGAL BASIS

76. The Plaintiff and all other Class Members’ claim is against the Defendant for the following
legal claims.

Breach of Contract

77. Among the Class Members there are common features of the employment relationship that
regularly contribute to the requirement to work without remuneration or for less
remuneration than required by their Employment Contracts.

78. The Defendant systematically requires or permits the Class Members to work unpaid hours
as a matter of policy and without lawful excuse in order to meet the minimum requirements
of their job descriptions. Furthermore, the Defendant regularly pays Class Members less than
they are entitled to. The Defendant has therefore breached the express and/or implied terms
of its contracts of employment with the Class Members.

Unjust Enrichment

79. The Defendant has been unjustly enriched by withholding the contractual wages and benefits
from the Class members.

80. The Class Members have suffered and continue to suffer a corresponding deprivation in the
form of lost wages and benefits in direct proportion to the amount withheld by the
Defendant.

81. There is no juristic reason why the Defendant should be permitted to retain the benefit
derived from its enrichment.

Breach of Fiduciary Duty

82. The Plaintiff claims that the Defendant owes a fiduciary duty to her and the Class Members
and that fiduciary duty was breached.

83. The Defendant assumed fiduciary obligations, either express or implied, by virtue of the
employment contract, that it would act in the interest of the Class Members and provide
remuneration in exchange for time worked.

84. There is a relationship of unequal power between the Defendant on the one hand and the
Plaintiff and the Class Members on the other. The Defendant is in a position of power over
the Plaintiff and the Class Members by virtue of the employment relationship.

85. The Class Members have a contractual duty to obey SNFW, who holds the discretion and/or
power to affect the legal and practical interests of the Plaintiff and the Class Members.

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86. SNFW’s discretionary power stems from its control of the conditions under which the Class
Members work and its power to affect the legal and practical interests of the Class Members.

87. The Defendant has used its power over the Class Members to promote SNFW’s interests in
the employment relationship in a manner that conflicted with its overriding duty not to take
advantage of the Class Members’ vulnerability.

Breach of the Defendant’s duty of good faith and fair dealing

88. SNFW owes a contractual duty to the Class Members to act in good faith in the performance
of its contractual promises.

89. SNFW breached its contractual duty of good faith and fair dealing by systematically
undermining its contractual obligations to the Class Members.

90. Furthermore, the threats and other retaliatory measures to Class Members suspected of
planning to institute legal claims against the Defendant, constitute bad faith.

Negligence

91. The Defendant owed a duty of care to the Plaintiff and the other Class Members to ensure
that they were properly compensated for all hours worked at the appropriate rates. The
Defendant has breached this duty through its neglect in failing to monitor, record and
maintain records of all hours worked by the Class Members.

Aggravated Damages

92. The Plaintiff pleads that the actions, conduct and omissions of the Defendant as aforesaid
were unlawful, high-handed and carried out in bad faith. Moreover, they were carried out to
enrich the Defendant and with a complete disregard for the rights and interests of the Class
Members, who were and are to the knowledge of the Defendant vulnerable to the actions,
decisions and power of the Defendant.

93. The actions, conduct and omissions as aforesaid warrant an award of aggravated damages.

Preferable Procedure

94. A class proceeding is the preferable procedure for the fair and efficient resolution of the
common issues.

95. The common issues of fact and law predominate over any questions affecting individual
members.

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96. The commonality of issues and available remedies limits the need for individual direction of
the action.

97. The class proceedings would involve very limited claims, if at all, that have or could be dealt
with by other proceedings.

98. A class proceeding will advance the goal of access to justice by providing a remedy for the
Class Members, who, as non-unionized employees, face systemic barriers to enforcing their
rights under contract law or the Employment Standards Act.

99. Other means of resolving the claim, such as multiple Employment Standards Act or Small
Claims proceedings would be both less practical and less efficient.

100. A class proceeding will advance the judicial goals of: avoiding conflicting case law;
judicial economy, access to justice, and behaviour modification.

101. Other ways of resolving the claims would create greater difficulties than proceeding by
way of class action.

Plaintiff's address for service:

c/o Victory Square Law Office LLP

710 - 777 Hornby Street
Vancouver, BC V6Z 1S4

Fax number address for service: (604)684-8427

E-mail address for service: cgusikoski@vslo.bc.ca

Place of trial: Vancouver

The address of the registry is: 800 Smithe Street

Vancouver, BC
V6Z 2E1

Date: July 3, 2019 _________________________________________

Signature of Colin Gusikoski
Lawyer for the Plaintiff

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Rule 7-1(1) of the Supreme Court Civil Rules states:
(1) Unless all parties of record consent or the court otherwise orders, each party of
record to an action must, within 35 days after the end of the pleading period,
(a) prepare a list of documents in Form 22 that lists
(i) all documents that are or have been in the party's possession or control and that
could, if available, be used by any party at trial to prove or disprove a material
fact, and
(ii) all other documents to which the party intends to refer at trial, and
(b) serve the list on all parties of record.

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 APPENDIX
[The following information is provided for data collection purposes only and is of no legal effect.]

Part 1: CONCISE SUMMARY OF NATURE OF CLAIM:

Part 2: THIS CLAIM ARISES FROM THE FOLLOWING:

[Select an item below for the case type that best describes this case.]

[ ] a motor vehicle accident

[ ] medical malpractice
[ ] another cause
[ ] contaminated sites
[ ] construction defects
[ ] real property (real estate)
[ ] personal property
[ ] the provision of goods or services or other general commercial matters
[ ] investment losses
[ ] the lending of money
[X] an employment relationship
[ ] a will or other issues concerning the probate of an estate
[ ] a matter not listed here

Part 3: THIS CLAIM INVOLVES

[Check all items below that apply to this case.]

[X] a class action

[ ] maritime law
[ ] aboriginal law
[ ] constitutional law
[ ] conflict of laws
[ ] none of the above
[ ] do not know

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Part 4:
[If an enactment is being relied on, specify. Do not list more than 3 enactments.]

[ ] Builders Lien Act

[ ] Divorce Act
[ ] Family Relations Act
[ ] Insurance (Motor Vehicle) Act
[ ] Insurance (Vehicle) Act
[ ] Motor Vehicle Act
[ ] Occupiers Liability Act
[ ] Supreme Court Act
[ ] Wills Variation Act

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