Primary Response Class Action Settlement

The settlement applies to all persons who are members of the class as described in the court order certifying this case as a class action. The class includes:

All security guards (including concierges), mobile security guards, dispatchers/ communications operatives, supervisors and mobile supervisors employed by Primary Response Inc. in the Province of Ontario, for the period from February 27, 2011 to January 15, 2018, save and except for those employed under a Collective Agreement (the “Class” and “Class Members”).

Members of the Class are bound by the terms of settlement unless they validly opted out.

There were four main issues raised in the Class Action:

1. Off-the-clock pre-shift work

Primary Response required employees to attend work a minimum of fifteen minutes early in full uniform for a debriefing as part of the shift changeover but had a systemic practice of failing to pay for such work. Rather, employees were paid for their scheduled hours.   

2. Unlawful overtime averaging

Primary Response failed to pay class members for their weekly overtime after the expiry of its overtime averaging permit for the period August 6, 2016 to January 15, 2018, before the sale of Primary Response to Garda. There was no permit in place permitting the averaging of overtime from August 5, 2016 to January 15, 2018, and Primary Response failed to pay weekly overtime during this period.

3. Unlawful uniform deductions

Primary Response made deductions from employees’ wages for uniforms and other items. The Class Action alleged that the forms authorizing these deductions did not comply with employment standards legislation.

4. Unpaid training

Primary Response required employees to undergo certain training and orientation sessions without pay.

The detailed terms are set out in the Settlement Agreement between the parties. A copy can be found at https://primaryresponseclassaction.com/ or www.goldblattpartners.com or by contacting Class Counsel, or under the Documents tab on this website.

Pursuant to the settlement, the Defendants will pay $2.9 million (the “Settlement Fund”). Payments will be made from the Settlement Fund for Class Counsel Fees, disbursements, a representative plaintiff honorarium, and the Class Proceedings Fund Levy. There will also be holdbacks for administrative expenses and taxes. The remaining amount (the “Claim Fund”) will be distributed to Class Members through a claims process overseen by a Claims Administrator, RicePoint Administration Inc.

Under the Settlement, Class Counsel will direct that a certain amount of the Claim Fund will be allocated to each of the four issues (see above for description of issues). It is estimated that the amounts will be approximately as follows:

Class Members will make a claim to the Claims Administrator for one or more of the issues. The Claims Administrator will determine how many Class Members claimed per issue and will divide the amounts equally between Class Members for each issue. Only Class Members who worked between August 6, 2016 to January 15, 2018 are eligible to claim for issue (b) and Class Members should only make a claim for this issue if they were subjected to overtime averaging during this period. The amounts in issues (a), (b), and (c) are taxable and subject to employment-related deductions such as CPP/EI, and the amounts in issue (d) are non-taxable reimbursements.                          

To receive a payment under the Proposed Settlement you must complete an Administration Form and submit it to the Claims Administrator by the deadline of April 14, 2021 (90 days from Final Approval of the Proposed Settlement). A copy of the Administration Form is enclosed with the Notice mailed on January 14, 2021 and is also available under the Documents tab or you can contact Class Counsel for a copy. The Administration Form should be submitted directly to RicePoint by email, mail or on this website.

If your name is on the Class List provided by the Defendants, you will be considered a member of the Class. If your name is not on the Class List, you may be required to submit documents proving your membership in the Class. If the Claims Administrator determines you are not a Class Member, you may appeal to a referee, provided you pay a fee.

The Administration Form allows you to indicate which of the four issues you are claiming (the issues are described above under the heading Brief Description of the Action). You may claim for more than one issue. Any Class Member is eligible to claim for the issues relating to pre-shift time, training, and uniform deductions. Only Class Members who worked at any time during August 6, 2016 to January 15, 2018 may claim for the overtime averaging compensation, and should only do so if they were subjected to overtime averaging.

You are not required to file any documents or other proof to receive payment, but you may be required to verify that you worked for Primary Response Inc. during the relevant periods and are an eligible member of the Class. Class Members who signed a release in favour of Primary Response are not entitled to make a claim for payment under the Settlement.

The Claims Administrator will provide a Notification Letter describing your payment, and if you do not agree with the amount, you may appeal to a referee, provided you pay a fee.

You will receive payment by your choice of e-transfer, or cheque.

The settlement entirely resolves the issues in the class action.

The settlement represents a compromise of the disputed issues in the litigation. The settlement takes into account a variety of factors including the risks inherent in continuing the litigation and the time that would be required to finally resolve the matter, including appeals.

The Court has approved payment of Class Counsel fees in the amount of 25% of the Settlement Amount, being $750,000, plus disbursements of $4,611.19, plus HST. The Court has approved payment to the Class Proceedings Fund (CPF) of $96,727.58 for disbursements plus the 10% levy in the amount of $183,140.12.

The Court has also approved payment of an honorarium to the representative plaintiff in the amount of $7,500.

For more information, or if you have any questions, please contact Class Counsel or the Claims Administrator at the contact information below:

Class Counsel

Goldblatt Partners LLP
Attention: Tanya Atherfold-Desilva
20 Dundas Street West, Suite 1039
Toronto, ON M5G 2C2
Tel: 416-979-4233
Fax: 416-591-7333
Email: [email protected]

Claims Administrator:

Primary Response Class Action
c/o RicePoint Administration Inc.
P.O. Box 4454, Toronto Station A
25 The Esplanade
Toronto, ON M5W 4B1
Tel: 1-866-714-9373
Email: [email protected]

Settlement payment mailings to eligible Class Members began October 14, 2021 and completed October 21, 2021. If your cheque is lost or not received you may contact the Claims Administrator to request a replacement. The Claims Administrator will mail relevant tax slips to Class Members who receive payment at a later date.