Can damages be assessed on an aggregate basis in an overtime claim?

Ontario, Canada


The following excerpt is from Navartnarajah v. FSB Group Ltd., 2021 ONSC 5418 (CanLII):

This includes the question of whether damages can be assessed on an aggregate basis. In Baroch v. Canada Cartage, 2015 ONSC 40, at paras 60, 64, which like the case at bar arose in the employment context, aggregate damages were certified in respect of overtime claims. As Perell J. noted, there was “reasonable likelihood that the aggregate of the Class Members’ damage could be reliably determined without proof by individual Class Members.” Aggregate damages were determined to be appropriate there because [the] defendant would supply the proof.” (d) Preferable procedure

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