Davidson v. T.E.S. Contract Services Inc.
ANN DAVIDSON
Law Firm / Organization
Monkhouse Law
T.E.S. CONTRACT SERVICES INC.
Law Firm / Organization
Mathews, Dinsdale & Clark LLP
  • Facts: Ann Davidson sought production of an application TES submitted for a license to operate as a temporary help agency (THA), along with related documents. Davidson is proposing a class action on behalf of individuals working with TES since November 6, 2009, who were classified as independent contractors.
  • Issues/Main Discussion: Whether TES operated as a THA, the nature of TES’s relationship with its workers, and whether class members were misclassified as independent contractors rather than employees, thereby entitled to employment standards protections.
  • Ruling: The court ordered the production of the application subject to redactions for parts not related to TES’s operation as a THA or its relationship with its workers. The decision was based on the relevance of these documents to the certification motion of the proposed class action.
  • Amount Awarded: Not applicable; the decision focused on the production of documents for a class action certification motion. Costs were reserved to the return of the certification motion.
Superior Court of Justice - Ontario
CV-20-00645736-00CP
Employment law
Plaintiff