Linza v. Metric Modular
Byron Linza
Law Firm / Organization
Inlet Employment Law
Metric Modular
Law Firm / Organization
Bennett Jones LLP
Triple M Modular Ltd.
Law Firm / Organization
Bennett Jones LLP
Triple M Housing Ltd.
  • Facts: Byron Linza, representing about 100 employees, filed a class action against Metric Modular and Triple M Housing Ltd., alleging wrongful dismissal after employment contracts were terminated without cause, notice, or payment in lieu of notice during Metric Modular's bankruptcy process.

  • Issue: The key issues are whether the class action satisfies the certification requirements, whether Triple M Housing Ltd. can be considered a common employer with Metric Modular, and if the corporate veil should be pierced to hold Housing liable for claims against Metric Modular.

  • Court’s Ruling: The court adjourned the certification application to allow Linza to amend his pleadings and reformulate the class definition and proposed common issues. The court found some causes of action, like wrongful dismissal and common employer, were sufficiently pled, while others, like unjust enrichment and punitive damages, were not adequately supported by facts in the pleadings.

  • Amount of Costs/Damages Awarded: The decision did not specify costs or damages awarded, as the court focused on the procedural aspect of whether the case should proceed as a class action and whether the pleadings sufficiently established the claims. The certification application was adjourned without a final determination on these points.

Supreme Court of British Columbia
S230655
Employment law
Other