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Category: News and Updates

The motion for certification has been filed

On June 22, 2017, the plaintiff, Carrie Eklund, served and filed her motion record seeking to have this class action certified.

The certification hearing has been scheduled to be heard from April 10-12, 2018 before Justice Belobaba of the Ontario Superior Court of Justice. This will allow time for Goodlife to put together its responding record, for the plaintiff to file a reply record, for cross examinations to take place, and for the parties to prepare factums (written legal arguments) for the court.

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Goodlife class action goes nationwide!

Goldblatt Partners LLP announces today the nationwide expansion of its proposed class action against Goodlife Fitness Centres Inc. for unpaid wages, including overtime.

The proposed class action was initially filed against Goodlife’s club locations in Ontario, but will now include its club locations in British Columbia, Alberta, Saskatchewan, Manitoba, New Brunswick, Nova Scotia, Prince Edward Island and Newfoundland. Goodlife does not operate any clubs in Quebec or the Territories.

Goodlife is the largest fitness chain in Canada, with approximately 365 locations nationwide. The claim against Goodlife, for damages totalling $85 million, is brought on behalf of its current and former non-managerial employees who worked for Goodlife since October 2014. It is expected that the class will be comprised of thousands of current and former employees.

The class action does not seek to recover unpaid wages (including overtime) for personal trainers employed in the City of Toronto, Ontario at any time after July 7, 2016, or in the City of Ajax, Ontario at any time after October 31, 2016, at which time these personal trainers became represented by the Workers United Canada Council.

The proposed representative plaintiff, Carrie Eklund, worked for Goodlife as a personal trainer at Goodlife’s Bathurst and Richmond club in Toronto from November 2014 until August 2015.

The statement of claim alleges that Goodlife regularly required or permitted its employees to work many additional unpaid hours beyond those for which they were scheduled in order to meet their sales targets and complete the duties required of them by Goodlife. However, as alleged in the statement of claim, Goodlife does not compensate its employees for these additional unpaid hours worked.

“The expansion of the class action is in response to an outpouring of messages from Goodlife employees from across the country,” said Charles Sinclair, counsel to the plaintiff. Josh Mandryk, co-counsel, added “What we heard from Goodlife employees from outside of Ontario was that their experiences were the same as those set out in the Statement of Claim, and that they didn’t want to be left out of the class action.”

The next major step in this case will be the filing of affidavit material by the plaintiff in support of a motion to have this case certified as a class action. The date for the certification motion has not yet been set.

Read the Amended Statement of Claim.

If you are a member of the class and you have questions or comments, or would like to receive updates on the class action, please fill out the registration form.

Inquiries may be directed to Charles Sinclair (416-979-4234) or Josh Mandryk (416-979-6970).

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Radio Canada covers the Goodlife class action (French)

Demande de recours collectif de 60 M$ contre GoodLife Fitness.

Josh Mandryk, un des avocats qui représentent les demandeurs du recours collectif, affirme que les politiques de GoodLife empêchent ses employés d’être adéquatement rémunérés pour leur travail, par exemple, pour la préparation de cours d’entraînement et le recrutement de nouveaux clients.

Certaines tâches ne sont pas reconnues par GoodLife et les heures supplémentaires consacrées pour ces tâches ne sont tout simplement pas comptabilisées et donc pas payées.

La firme de Josh Mandryk se spécialise en droit du travail. Goldblatt Partners, s’est occupé de dizaines de cas semblables, notamment pour protéger des employés de banque qui n’étaient pas payés pour leurs heures supplémentaires.

« Pour les employés non syndiqués du secteur privé, c’est très difficile de contester les politiques d’un employeur et il y a souvent des pressions pour faire des heures supplémentaires sans être rémunéré », affirme-t-il.

Vous pouvez lire l’article ici.

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GoodLife Fitness faces $60M class-action lawsuit over wages

The Toronto Star is reporting on the proposed class action lawsuit brought against Goodlife Fitness for unpaid wages, including overtime.

Josh Mandryk comments on the importance of the action:

“These are precarious workers, these are young workers, these are in many cases part-time workers, workers who face precarious schedules,” said Josh Mandryk, co-counsel on the case. “It’s really crucial for workers in these situations who face challenges standing up to these sorts of policies alone to come together and defend that principle that they should be paid for all their hours of work.”

Read the entire article here.

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Class action commenced against Goodlife

Goldblatt Partners LLP is counsel in a proposed class action against Goodlife Fitness Centres Inc. (“Goodlife”).  The class action is for unpaid wages, including overtime, and has been filed on behalf of all current and former non-managerial employees of Goodlife who worked for Goodlife in its Ontario clubs since October 2014.

The Statement of Claim alleges, among other things, that Goodlife violated the Employment Standards Act, 2000 and its contracts of employment with Class Members by requiring, permitting and/or suffering Class Members to work hours above those scheduled, including hours both above and below the overtime threshold, but failing to appropriately compensate Class Members as required for all hours worked.

Note: The class action does not include personal trainers working for Goodlife in its clubs in the City of Toronto for the period from July 7, 2016 onwards who are represented by Workers United Canada Council.

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