Law360 Canada ( May 8, 2025, 1:34 PM EDT) -- Appeal by appellant from order certifying several common issues under Class Proceedings Act (CPA). The appellant offered casual employment agreements to regular employees due to the impact of the COVID pandemic, reducing severance entitlements but continuing benefit coverage. The respondents alleged that the appellants misled them about the value and duration of continued benefits coverage at the time of the negotiation of the casual agreements. The respondents commenced a class action, alleging breach of the duty of honest performance by the appellant. The chambers judge certified common issues in relation to claims for breach of contract, including breach of the duty of honest performance, as well as a claim for punitive damages. The appellant appealed only from the certification of three common issues concerning its alleged breach of the duty of honest performance. It submitted that alleged dishonesty during contract negotiations, prior to the formation of a contract, could not be directly linked to the performance of that contract. The issues were the following: 1. whether the judge erred in certifying common issues related to an alleged breach of the duty of honest performance based on pre-contractual dishonesty and 2. whether the plaintiffs should be allowed to amend their pleadings to allege breach of the duty in relation to existing employment contracts....