Mac’s Convenience Store

Overview of the case

Four foreign workers have started a class action in the Supreme Court of British Columbia against Mac’s Convenience Stores, Overseas Immigration Services Inc., Overseas Career and Consulting Services Ltd. and Trident Immigration Services Ltd. (together, “the Defendants”).

The class action alleges that the Defendants charged foreign workers large recruitment fees to obtain legal employment at Mac’s Convenience Stores in Western Canada.  Mac’s then entered into employment contracts with the foreign workers. When the workers arrived in Canada, Mac’s refused or neglected to provide the work that was guaranteed in the employment contract.  The class action is seeking compensation for the workers harmed by this practice.

 

Who can participate?

The case is brought on behalf of any foreign workers who, on or after December 11, 2009, made payments to Overseas Immigration Services Inc., Overseas Career and Consulting Services Ltd., and/or Trident Immigration Services Ltd. for the purpose of securing employment in Canada, and who were afterwards provided with employment contracts to work at Mac’s Convenience Stores in British Columbia, Alberta, the Northwest Territories and Saskatchewan (“Western Canada”) under Canada’s Temporary Foreign Worker Program but whose employment as set out in the employment contracts was not provided.

You may be able to participate in this class action if you are a foreign worker who, on or after December 11, 2009 made payments to Overseas Immigration Services Inc., Overseas Career and Consulting Ltd., Trident Immigration Services and/or Kuldeep Bansal to secure employment in Canada with Mac’s Convenience Store in British Columbia, Alberta, the Northwest Territories or Saskatchewan under Canada’s Temporary Foreign Worker Program.

If you believe you fit this description, then please send call us at 604.734.8001 or send an email to ksmith@koskieglavin.com providing your name, address and email address. We will add you to our list of potential claimants and notify you of any important developments in this case.

Latest Developments

  • April 8, 2016

Amended Notice of Civil Claim was filed in British Columbia Supreme Court.

  • July 15, 2016

Notice of Application for Certification was filed in British Columbia Supreme Court.

Documents

Frequently Asked Questions

What is a class action?

A class action is a lawsuit which allows a large group of people with common legal claims to join together to bring one large claim.  The large group is represented by “representative plaintiffs” who give instructions to the lawyers and act in the best interest of the group.  In this case, there are four representative plaintiffs: Prakash Basyal, Arthur Gortifacion Cajes, Edlyn Tesorero and Bishnu Khadka.

What is the next step?

After the claim has been filed, the next step is for the court to decide whether it is appropriate for the case to be treated as a class action.  The court will consider whether the claims of all of the people in the class are common, and whether a class action is the preferable way to advance the claims.  This decision is made at a “certification hearing”.  This hearing is often the most contentious part of a class action case.

If the case is certified as a class action, then the four representative plaintiffs will advance the case on behalf of all of the class members.  We will contact all potential class members to explain how to be part of the class.

Will there be any cost to class members for legal fees?

No.  The class action lawyers will only be paid of the class action is successful at trial or is settled.  At that time, the lawyers will apply to the court for approval of a fee representing a percentage of the amount paid by the Defendants, plus disbursements and taxes.

If there is no money paid to the class, then there is no obligation by members of the class to pay any legal fees.

What if I have information that could be useful in this case?

If you have information that could be useful in this case, please contact 604.734.8001 or complete the form below.

Information for Class Members

ENGLISH

HINDI/हिन्दी

NEPALI/नेपाली

TAGALOG

CHINESE/普通话

 

Media

For all media inquiries, please contact 604.734.8001.