Cunningham v. RBC Dominion Securities Limited
Class Action: Unpaid Vacation Pay for Investment Advisors
Summary
This is a certification motion in a class action lawsuit brought by investment advisors against RBC Dominion Securities Limited. The plaintiffs sought certification for claims regarding unpaid vacation and public holiday pay on commissions, as well as breaches of contract, negligence, breach of fiduciary duty, and unjust enrichment. The proceedings were complicated by the death of the judge before signing the Certification Order, requiring the court to apply Rule 59.04(14) to settle the order and determine if substantive decisions could be revisited.
Outcome
Certification Order settled following judge’s death
Key Factors
- class action certification
- employment standards
- unpaid vacation pay
- judge's death
- Rule 59.04(14)
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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.