EHEALTH CLASS ACTION

 

**** e-Health Class Action Update ****

 

March 28, 2013- SETTLEMENT APPROVED

On March 28, 2013 the Superior Court of Justice accepted the settlement of the eHealth class action.  The settlement is described in the Notice of Settlement of Class Proceeding.    If you are a current or former employee of eHealth and are eligible for a performance incentive award for the 2010/11 and/or 2011/12 fiscal years you should receive a notice from eHealth by April 15 advising you of your performance incentive award.  All payments will be made by May 31. If you do not receive a notice by April 15 you may submit a claim form.  Claim forms are due April 29 (Note: if you receive a notice from eHealth regarding your performance incentive award you do not need to submit a claim form.)

The settlement is binding on all class members who did not opt out of the class proceeding by the March 1 opt out deadline.

 

Update- February 5, 2013

If you are a current or former employee of eHealth Ontario and you were eligible for a bonus for either 2010/2011 or 2011/12 fiscal years, you should be receiving a notice in the mail entitled “Notice of Certification and Proposed Settlement of Class Proceeding”.  The Notice was approved by the Superior Court of Justice and is important to you. Please read it carefully as your rights may be affected by the certification of the action as a class proceeding and by the proposed settlement set out in the Notice.    

The Notices were mailed January 31.  If you believe you are a member of the plaintiff class but have not received a copy of the Notice in the mail please email class counsel at the following address: john.devellis@shibleyrighton.com.

Click here for a copy of the Notice (Including the Opt Out election form)

Click here for a copy of the Opt Out Election form


On November 26, 2012 The Honourable Mr. Justice Perell certified this action as a class proceeding. Click here for a copy of the decision.  

 

IMPORTANT NOTE

This website has been developed to provide general information to potential class members regarding a proposed class proceeding (or class action) that has been commenced in the Ontario Superior Court of Justice.  Shibley Righton LLP ("Shibley Righton") are the lawyers for the plaintiffs and, if the action is certified as a class proceeding, propose to be the lawyers for the plaintiff class.

The site is not designed to answer questions about your individual situation or entitlement. Do not rely upon the information provided on this website as legal advice in respect of your individual situation nor use it as a substitute for individual legal advice.

The information collected about potential class members will assist counsel in prosecuting the class action and assessing what damages were suffered by the class as a whole. Providing the information requested does not make you the client of Shibley Righton. The court will ultimately decide who will be included as a class member.

The Nature of the Claim-2010/2011 and 2011/2012 Fiscal Year

The plaintiffs are employees of eHealth Ontario.  The plaintiffs, along with many other employees of eHealth Ontario, were granted a bonus for their performance in the 2010/2011 fiscal year along with merit increases that were to be effective April 1, 2011. Shortly after they were granted, eHealth rescinded both the bonus awards and the merit increases. The claim alleges that, in doing so, eHealth breached its contractual obligations to the plaintiffs and to the proposed class members, and acted in bad faith.

In July 2012, the plaintiffs brought a motion to amend the Statement of Claim to add a claim for the plaintiffs' bonus in respect of their performance in 2011/2012 fiscal year. The amended Statement of Claim alleges that in January 2012 the plaintiffs, and all other proposed class members, were evaluated pursuant to the Performance Management Plan but were not provided with a bonus for 2011/2012 despite the fact that they received a performance rating pursuant to which they were entitled to a bonus under eHealth's Performance Incentive Plan Policy.  

The Amended Statement of Claim defines the proposed class definition as follows:

All past and current full-time regular eHealth employees and those on employment contracts of one year plus one day who:

a.)    were awarded a Performance Award and/or Merit Increase for the 2010/2011 fiscal year; and/or

b.)    were evaluated by eHealth on the basis of their performance and received a performance rating of "2" or higher or the equivalent rating of "Developing" or higher for the 2011/2012 fiscal year.

The defendants are defending the action and also opposed the plaintiffs' proposed amendments to the Statement of Claim.  However, the proposed amendments have been allowed by the court (see below under 'Status of Action').

If you are a member of the proposed Class and wish to submit your 2010/2011 "Compensation Details Statement" or other documents pertaining to your employment with eHealth, you may do so by email at: ehealthclass@shibleyrighton.com.

Below are copies of the documents that have been filed with the court so far:

•    here for a copy of the Statement of Claim, issued November 16, 2011;
•    here for a copy of the defendants' Statement of Defence;
•    here for a copy of the plaintiffs' motion record for certification, files May 1, 2012;
•    here for a copy of the plaintiffs' Supplementary Motion Record (including the proposed amendment to the Statement of Claim), filed July 30, 2012;
•    here for a copy of the defendants' Motion Record, filed August 24, 2012.
•    here for a copy of the Defendant's Factum for the certification motion;
•    here for a copy of the plaintiffs' Reply Factum.

 

STATUS OF THE ACTION

The Motion for Certification was heard on November, 14th 2012. 

On November 26, 2012 The Honourable Mr. Justice Perell released his decision certifying the action as a class proceeding and allowing the amendments to the Statement of Claim. 

  • Click here for a copy of the November 26, 2012 reasons for decision.

A formal order certifying the action as a class proceeding will now be issued by the court. The Order will contain the class definition as approved by the court.  Thereafter a notice of certification will be published with important information to members of the class. 

The purpose of the certification motion was to determine whether the action will be heard by the court as a class proceeding.  The certification motion did not determine whether the allegations in the Statement of Claim are true.

This website will be updated from time to time when significant events occur in the proceeding.

GENERAL INFORMATION ON CLASS PROCEEDING

A class proceeding (or class action) is a lawsuit in which a representative plaintiff commences a legal action on behalf of a class of people who have similar claims.

Class members are not liable to pay any court costs if the action is unsuccessful. Legal fees are paid to counsel for the class on a contingency basis. This means that the legal fees are paid only if the lawsuit is resolved in favour of the class, either by settlement or judgment. If that happens, the fees will be paid out of the proceeds; but only after the amount is approved by the court.

You do not have to do anything to participate in the class action. If the action is certified as a class action and you meet the criterion for the class as defined by the court (see proposed definition of the class above) you will automatically be part of the class.  

If the action is certified as a class proceeding, notice of certification will be published in a manner approved by the court. The notice of certification will outline your rights as a class member.

Opting Out of the Class Proceeding

The notice of certification will also include instructions regarding what you have to do if you choose to opt out of the action.  Anyone who chooses to “opt out” of the class proceeding is not bound by any settlement or judgment, and does not receive any of the proceeds of the action if it is successful.