Mac's Convenience Stores - Koskie Glavin Gordon

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 BC Supreme Court has confirmed that this case has been certified to proceed as a class action. The Court decided that the claims of people in the class were common and that the class action was the preferable way to advance the claims.

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 some of 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 worker who, on or after December 11, 2009, to the opt-out/opt-in date set by the Court made payments to Overseas Immigration Services Inc., Overseas Career and Consulting Services Ltd., and/or Trident Immigration Services Ltd. in exchange for employment at Mac’s and who were thereafter provided with employment contracts offering employment at Mac’s Convenience Stores in British Columbia, Alberta, the Northwest Territories and Saskatchewan under Canada’s Temporary Foreign Worker Program, which offer they accepted.

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., or Trident Immigration Services for a job and received an employment contract 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 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.

Common Issues

The Common Issues that will be decided by the Court at the trial can be found here.

Latest Developments

May 25, 2021

BC Supreme Court clarifies which claims can proceed

September 18, 2017

British Columbia Supreme Court certifies the action as a class action.

April 11, 2017

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

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.

June 8, 2018

BC Court of Appeal allows class action to proceed.

July 26, 2019

BC Court of Appeal allows class action to proceed.

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?

Since the Court has determined that it is appropriate for the case to be treated as a class action, the representative plaintiffs will now formally notify other class members and explain how to be part of the class action.

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

No. The class action lawyers will only be paid if 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.