Cunningham v. RBC Dominion Securities

2022 ONSC 5862 (CanLII)Decided Class action - Employment

Class Action Employment Standards: RBC Dominion Securities Breach

Summary

A class action lawsuit was certified under the Class Proceedings Act, 1992, addressing systemic non-compliance with employment standards legislation for vacation and public holiday pay among commissioned employees. The court granted certification as the requirements under s. 5(1) were satisfied, and the representative plaintiff was deemed suitable.

Outcome

Certification granted

Key Factors

  • class action
  • employment standards legislation
  • vacation and public holiday pay
  • commissioned employees
  • systemic non-compliance

Related Cases

Ngan v. The Bank of Nova Scotia

2025 ONSC 2354 (CanLII) · 2025-04-16

Class Action Employment Case: Bank of Nova Scotia - Certification and Vacations

A class action case involving the Bank of Nova Scotia where the court certified a class of employees who received incentive awards or RSUs, addressing whether these constitute 'wages' under the Canada Labour Code. The court also granted partial discontinuance of claims related to unused and expired vacation days and approved amendments to the claim to reflect individualized issues.

Morris v. Solar Brokers Canada Corp.

2024 ONSC 3727 (CanLII) · 2024-06-28

Class Action Employment Case: Settlement and Fees Approved

A class action case involving the misclassification of workers as independent contractors instead of employees, leading to claims for unpaid wages, overtime, vacation pay, and other benefits under the Employment Standards Act. The court approved the settlement agreement, notice plan, and distribution plan, and also approved the fees requested by the class counsel.

Davidson v. T.E.S. Contract Services Inc.

2024 ONSC 1044 (CanLII) · 2024-02-20

Class Action: Employment Standards and Independent Contractor Classification

A class action certification motion regarding the classification of workers as employees under the Employment Standards Act, focusing on the relevance of the defendant's temporary help agency licence application. The court ordered production of relevant portions of the application, subject to redactions, to inform the certification process.

Wasylyk v. Lyft

2024 ONSC 664 (CanLII) · 2024-01-30

Lyft Class Action: Arbitration Agreements and Employment Standards

A class action case involving Lyft drivers who alleged they were employees under the Employment Standards Act, 2000. The court granted a stay of the class action in favour of arbitration, upheld the enforceability of arbitration provisions, and found the arbitration agreement lawful under the Employment Standards Act, 2000. Summary judgment was not granted due to the need for individual assessments.

Davis v. Amazon Canada Fulfillment Services, ULC

2023 ONSC 3665 (CanLII) · 2023-06-19

Class Action Employment Case: Arbitration Agreements and Misclassification

A class action case involving Delivery Partners (DPs) and Driver Associates (DAs) against Amazon Canada Fulfillment Services, ULC. The court enforced arbitration agreements for DAs, denied certification for DAs and DPs due to failure in meeting class action criteria, and ruled on the common employer status and misclassification of employees under employment law.

This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.