Toronto and Security Contractor Face Major Legal Action Over Worker Treatment
The City of Toronto finds itself embroiled in significant legal proceedings as it has been named alongside security contractor One Community Solutions (OCS) in a substantial $22-million class-action lawsuit. This legal action alleges widespread labour violations and systematic failures in compensating workers who provide essential security services at shelters and locations associated with homelessness and drug use across the municipality.
Allegations of Systematic Labour Violations
The lawsuit presents serious accusations against OCS, claiming the company committed numerous labour violations while City Hall either had knowledge of these breaches or deliberately chose to ignore them. According to court documents, the legal action describes OCS as a "sham corporation" allegedly used to facilitate financial and legal misconduct by its directors, Damion Dunston and Jason Segree.
This legal development follows investigative reporting by the Toronto Sun that uncovered allegations of nonpayment and poor treatment of employees working for the security contractor. The newspaper has also learned about at least two separate government investigations currently examining the company's operations and practices.
Frontline Worker's Experience Highlights Concerns
The class-action lawsuit originates from Ibrahim Idriss, a Toronto resident who worked for OCS approximately two years ago. Represented by lawyers Ryan O'Connor and Gurpreet Farmaha of Taylor Mergui Law Group, Idriss's experience sheds light on the challenging conditions faced by security personnel in these critical municipal roles.
"Ibrahim Idriss is a husband and family man who helped keep Torontonians safe by patrolling encampments, safe injection sites and homeless shelters," O'Connor stated in an email to the Sun. "He worked up to 100 hours weekly, where he was exposed to overdoses, drug use, violence and used needles. Despite this, he loved his job and was a frontline worker proud of his role in public safety and helping vulnerable residents."
Specific Allegations Against the Contractor
The lawsuit details numerous specific allegations regarding working conditions and compensation practices. Security guards, often referred to as Community Safety Team (CST) members, reportedly faced demanding schedules that sometimes exceeded 100 hours per week. Despite these extensive hours, the legal documents claim workers did not receive proper payment for regular wages, overtime compensation, statutory premium pay, or pandemic-related compensation.
Furthermore, the lawsuit alleges that after completing standard eight-hour shifts, guards were frequently expected to immediately begin additional shifts at different locations across Toronto. When workers arrived late for these subsequent assignments, their pay was reportedly reduced as a penalty.
City's Alleged Role in the Situation
The legal action contends that the City of Toronto was not merely a passive observer in this situation. Court documents argue that municipal authorities "exercised comprehensive control" over the work performed by CST members, describing their services as "essential to the city's shelter and housing operations."
"The city knew, or wilfully blinded itself to the fact, that OCS was systematically failing to pay overtime wages and other wage entitlements to CST workers," the lawsuit alleges. Despite this alleged knowledge, the city continued to expand OCS's contracts and failed to conduct proper audits of the company's operations, according to the legal filing.
Demographic Considerations and Broader Impact
The lawsuit highlights important demographic considerations, noting that Idriss "is an immigrant and is a person of colour. His background is representative of the demographic composition of the majority of class members, who were predominantly racialized workers, newcomers to Canada, refugees and recent immigrants."
This class-action lawsuit could potentially involve between 500 to 1,000 individuals or more, covering all CSTs employed by OCS in Ontario between March 1, 2020, and the date the lawsuit was filed. The legal action seeks substantial damages including $15 million for breaches such as wrongful dismissal and unpaid overtime, $2 million for Occupational Health and Safety Act violations, and an additional $5 million in punitive, aggravated and exemplary damages.
Contractual Relationship and Financial Implications
The relationship between OCS and the City of Toronto began in 2020, coinciding with the company's incorporation in May of that year. Since establishing this partnership, OCS has secured municipal contracts worth approximately $40 million. This figure does not include additional agreements the company may have with third-party contractors operating homeless shelters on behalf of City Hall.
When contacted for comment, a representative from the City of Toronto indicated they would be unable to address the litigation outside of regular business hours. Similarly, OCS did not respond to requests for comment regarding the allegations presented in the lawsuit.
This legal development raises significant questions about municipal contracting practices, worker protections, and oversight mechanisms for companies providing essential services to vulnerable populations in Canada's largest city.
