It’s no secret that Samfiru Tumarkin LLP is known across Canada for helping individuals with their employment, long-term disability and serious injury claims.
The Employment Law Show and Disability Law Show demonstrate our passion and determination to educate Canadians about their rights. Each week, we provide millions of people with important legal information.
READ MORE: 5 ways the Pocket Employment Lawyer can unlock your workplace rights
However, we are also attuned to certain issues which require us, at times, to bring out the “big guns” of the law: class-action lawsuits.
Let me tell you about two of our recent class actions that have garnered widespread media attention.
TD travel insurance class-action lawsuit
When COVID-19 struck in 2020, travel plans collapsed all over the world. Governments recalled their citizens and closed their borders.
During this time, I was contacted by Kevin Lyons. The father of two from Toronto had been forced to cancel a 12-day vacation in Europe.
Like many others, Kevin applied for reimbursement from his credit card insurer, TD, but was denied on the basis that he had been offered credits.
READ MORE: Cancelled your travel plans? Here’s what to know when making travel insurance claims
The dollar limit of his claim under his TD insurance policy was $5,000. While this is a considerable amount for the average Canadian, it’s a fraction of the Small Claims Court limit in Ontario, which meant that hiring a lawyer wouldn’t be cost-effective.
After speaking with Kevin, I felt compelled to help him. I was certain that he was owed reimbursement under the policy.
Despite my best efforts to reason with TD’s agent, they refused to resolve Kevin’s claim “out of court.” As a result, I recommended that we pursue a class-action lawsuit on behalf of him and others who were in the same boat.
READ MORE: Insurer being difficult? 3 reasons you should hire a long-term disability lawyer
Kevin agreed and we launched the class action on September 4, 2020. Fast forward to February 16, 2023, the Ontario Superior Court of Justice (ONSC) approved a settlement for over $5 million – more than 1,000 times the amount of his initial claim.
In the end, justice ultimately prevailed.
Uber class-action lawsuit
In 2017, my employment law counterpart, Lior Samfiru, launched a $400-million class-action lawsuit against Uber – claiming that drivers in Ontario had been misclassified as independent contractors.
The case sent shockwaves through the gig economy and was picked up by major news outlets across Canada.
READ MORE: What the Uber class-action decision means for independent contractors
On November 6, 2019, Lior and his colleagues in Ottawa appeared before the Supreme Court of Canada – arguing that the class action should proceed in Ontario instead of the Netherlands.
In a historical decision on June 26, 2020, the court agreed with our firm and allowed the lawsuit to take place in the province. A little more than a year later, the ONSC certified the class action on August 12, 2021.
We continue to battle the ride-sharing giant – refusing to rest until justice prevails for Uber drivers in Ontario and across Canada.
The power of ordinary citizens
Everyone, including you, has the power to help others and make a change for the better.
In many cases, legal rights aren’t exercised because people believe it’s too expensive and the potential upside is dwarfed by anticipated legal fees.
READ MORE: The ‘big 5’ workplace rights most often overlooked by employees
The experienced team at Samfiru Tumarkin LLP is here for you. We consider every option, including class-action lawsuits, to help as many Canadians as possible.
Our lawyers can review your situation, enforce your rights and ensure that you receive the compensation you are legally entitled to.
Fired? Lost your job? Long-term disability claim denied?
Contact the firm or call 1-855-821-5900 to speak with a knowledgeable employment or disability lawyer. Get the advice you need and the compensation you deserve.
Sivan Tumarkin is a disability lawyer and co-founding partner at Samfiru Tumarkin LLP, Canada’s most positively reviewed law firm specializing in employment law and long-term disability claims. He provides legal insight on Canada’s only Disability Law Show on TV and radio.