Our firm is involved in a class action lawsuit against Overseas and Mac's convenience stores on behalf of temporary foreign workers who paid recruitment fees and/or did not receive jobs after signing employment contracts to work for Mac's, or Subway locations in Mac's stores, in Western Canada. If this happened to you, please email us by clicking here

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”).

On September 18, 2017, Justice Silverman of the BC Supreme Court released his decision finding that the action has been certified to proceed as a class action. The Court decided that the claims of all 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 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 workers 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. and who were thereafter provided with employment contracts to work at Mac’s Convenience Stores in British Columbia, Alberta, the Northwest Territories and Saskatchewan under Canada’s Temporary Foreign Worker program.

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., Trident Immigration Services 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 send an email to classaction@aqwlaw.ca 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.

Latest Developments

  • 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.

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 not 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 of 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.

What if I have information that could be useful in this case?

If you have information that could be useful in this case, please email us by clicking here

What if I paid money to Overseas or Kuldeep Bansal for a job in Canada with some other employer?

If you paid money to Overseas or Kuldeep Bansal for a job in Canada with some other employer, you are not part of the class action. However, you can file a complaint yourself with the BC Employment Standards Branch by filling out your information in this complaint form and emailing it to: esb.infoline@gov.bc.ca.