The case, Perrenoud v. eHealth Ontario, deals with eHealth’s decision to cancel employees’ performance awards and merit increases for the last two fiscal years. The cancellation followed on a request for review from the Minister of Finance.
The defendants opposed certification on the basis that eHealth had no contractual obligation to pay the awards and increases. The defendants also raised some technical objections to the common issues raised by the plaintiffs, but found they were not fatal, and allowed the plaintiffs to amend.
“This case is a further example of the “purposive and generous manner” in which the court will apply the s. 5(1) test. “It will permit amendments to technical flaws in order to grant certification where doing so would achieve the purposes of the CPA,” writes Mari Maimets in Stikeman Elliott’s Canadian Class Actions Lawblog.
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Autor(en)/Author(s): Julius Melnitzer
Quelle/Source: Financial Post, 18.12.2012
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