CBC’s The Morning Brief reports on the settlement of the GoodLife class action.
Category: News and Updates
The Ontario Superior Court of Justice has approved the settlement agreement reached between the representative plaintiff, Carrie Eklund, and Goodlife.
The settlement agreement says that payment to class members will be made within 90 days of “final approval”. Final approval is defined as “approval by the Court of the Settlement Agreement, including the expiration of any appeal rights and/or the dismissal of any appeals in relation to such approval”.
This means that, in the absence of any appeal, payments should start to be made to class members in early August, and be completed within 90 days.
To All Class Members: If you are entitled to receive a settlement cheque, the only action you need to take at this time is to ensure that your address is up to date with GoodLife. If you have moved, or believe that GoodLife no longer has your current address, please contact Alison Campbell at firstname.lastname@example.org.
Stay tuned for further information, or contact Josh Mandryk.
The certification and settlement approval hearing took place on June 20th.
The judge did not make a decision at the hearing, but is expected to release his decision very soon. Stay tuned!
The parties will attend a settlement approval hearing on June 20, 2018. The plaintiff has filed her materials for that hearing.
Class Members: Please read this Notice of Certification and Settlement Approval Hearing.
The notice explains the terms of the proposed settlement, your legal rights, and what will happen next.
TORONTO, April 9, 2018
Carrie Eklund and her counsel at Goldblatt Partners LLP are pleased to announce that, following a two-day mediation with the Honourable George W. Adams in February, 2018, the parties have reached a settlement in the proposed unpaid wages class action, Eklund v. GoodLife Fitness Centres Inc. Pursuant to the settlement, GoodLife will pay $7.5 million to the class members, plus the cost of mediation and $1 million for class counsel’s legal fees. The settlement is subject to court approval, with the judicial approval hearing scheduled for June 20, 2018.
The proposed class action was launched in October 2016 and expanded nation-wide in January 2017. Subsequent to the filing of the claim, GoodLife made significant changes to its payment policies and practices, including scheduling paid prospecting hours for personal trainers and removing the claw-back of their commission, payment for preparation and administrative tasks of personal trainers that were previously unpaid, providing lieu time at the required time and a half instead of straight time for club opening specialists (together with some retroactive compensation), and implementing a new record-keeping system.
“I’m proud of what this case and this settlement have achieved for GoodLife employees,” said representative plaintiff Carrie Eklund. “I started this class action because I believed GoodLife employees deserved to be paid for all of their hard work, and the changes this claim encouraged and the settlement money to be paid to the class go a long way towards that goal.”
“This settlement puts millions of dollars into the pockets of current and former GoodLife employees, and the changes encouraged by this class action will mean millions more in wages for current and future employees each year going forward,” said Josh Mandryk, one of the lawyers for the Plaintiff. “We believe this is a great outcome for the Class, and we look forward to the settlement approval motion.”
“This settlement sends a strong message to the employer community that all work must be paid,” added co-counsel Christine Davies. “We are proud of what Carrie and the class have achieved.”
The proposed class includes current and former non-managerial GoodLife employees in the provinces of Ontario, British Columbia, Alberta, Saskatchewan, Manitoba, New Brunswick, Newfoundland, Nova Scotia, and Prince Edward Island, for the period dating October 12, 2014 to the date the certification is granted. It does not include those employed at Fit4Less or franchise clubs, or personal trainers at GoodLife clubs in Toronto, Ajax, and Peterborough for the period from December 5, 2017 and ongoing.
More details related to the proposed settlement are available at www.goodlifeclassaction.com
For more information:
Goldblatt Partners LLP
Read the tentative settlement
The parties have reached a settlement in the proposed unpaid wages class action, Eklund v. GoodLife Fitness Centres Inc.
Pursuant to the settlement, GoodLife will pay $7.5 million to the class members, plus the cost of mediation and $1 million for class counsel’s legal fees.
The settlement is subject to court approval. A judicial approval hearing has been scheduled for June 20, 2018.
Further information for class members will be posted on this website in the next few days, so stay tuned!
We have been served with Goodlife’s responding motion record. It consists of six volumes:
The plaintiff is preparing her reply evidence, and we will post it here when it has been filed with the court.