Vacation Pay — Ontario Employment Law

D. v. Bank of Nova Scotia

Class Action: Bank of Nova Scotia Vacation Pay Certification

This is a certification motion in a class action lawsuit brought by Home Financing Advisors against the Bank of Nova Scotia regarding employment standards compliance under the Canada Labour Code. The court addressed whether common issues existed concerning the calculation of vacation and statutory holiday pay, specifically whether the bank's disclosure methods were confusing under the Kinch test. The motion also considered expert evidence admissibility and limitation periods for accrued entitlements. Certification was granted for the proposed class.

D. v. D.M. et al.

Limitation Periods: Addition of Defendants in Wrongful Dismissal

This is a procedural appeal from a Small Claims Court decision regarding the addition of a corporate defendant after the expiration of the two-year limitation period under the Limitations Act, 2002. The court addressed whether the limitation period was discoverable at the time of wrongful termination and whether claims for unpaid vacation pay were barred by the limitation period.

C. v. Medcan Health Management Inc.

ESA Class Action: Vacation & Holiday Pay Compliance

This is a class action proceeding addressing whether the defendant maintained a reasonable system to ensure proper payment of statutory vacation and public holiday pay under the Employment Standards Act, 2000. The court is determining common issues related to ESA compliance, breach of employment contracts, and the scope of discovery and document production relevant to these statutory obligations.

N. v. The Bank of Nova Scotia

Bank of Nova Scotia Class Action: Vacation Pay Certification

This is a certification motion in a class action lawsuit against The Bank of Nova Scotia concerning employment contracts and the calculation of vacation and holiday pay. The court granted certification on consent, determining that common issues existed regarding whether incentive awards and variable compensation constitute 'wages' under the Canada Labour Code. The proceedings also involved a partial discontinuance of claims related to unused vacation days and an amendment to the pleadings to narrow the scope of the claim.

B. v. Callidus

B. v. Callidus: Constructive Dismissal & Retirement Damages

This case addresses whether the plaintiff was constructively dismissed or voluntarily retired after alleging a toxic work environment and removal of responsibilities. The court applied the test from Potter v. New Brunswick Legal Aid Services Commission and found the plaintiff failed to prove a substantial breach of the employment contract, deeming the plaintiff to have retired. Consequently, the plaintiff was awarded damages for unused vacation pay, unpaid deferred bonuses, and lost stock option value.

S.-S. v. Pet Social

Unpaid Wages & Overtime: Employment Standards Award

This is a merits decision regarding an employment standards dispute where the plaintiff alleged she was an employee entitled to unpaid wages, overtime, and vacation pay. The court found that an employment relationship existed and awarded damages for the statutory entitlements, while dismissing alternative claims for unjust enrichment, constructive trust, and aggravated damages due to lack of evidence or legal basis.

S. v. RBC Insurance Agency Ltd.

Class Action: Employment Standards & Variable Compensation

This is a certification motion for a proposed class action against insurance agencies alleging non-compliance with employment standards legislation. The central issue is whether the defendants' compensation policy properly calculated vacation and public holiday pay on variable compensation. The court granted certification subject to modifications, addressing issues of limitation periods, representative plaintiff adequacy, and the feasibility of aggregate damages.

C. v. RBC Dominion Securities

Class Action Certification: ESA Vacation Pay Non-Compliance

This is a certification motion in a proposed class action alleging systemic non-compliance with Employment Standards Act obligations regarding vacation and public holiday pay for commissioned employees at RBC Dominion Securities. The court granted certification, finding that the absence of a class-wide system to record and report ESA-required obligations provided sufficient evidence of systemic non-compliance and commonality among class members. The court also found the representative plaintiff suitable and imposed a start date on the class definition to ensure manageability.

A. v. TST-CF Solutions LP

Court of Appeal Upholds Dismissal and Awards Vacation Pay

The Court of Appeal for Ontario dismissed the appeal regarding the trial judge's findings on whether the employee was actually terminated or constructively dismissed, affirming the trial judge's assessment of damages including working notice and mitigation. However, the court allowed the cross-appeal to vary the judgment, ruling that the trial judge had misunderstood evidence regarding the employee's entitlement to carry forward and be paid for unused vacation under the Canada Labour Code.

. C. v Cura-Can Health Corp.

Unpaid Wages & Vacation Pay: ESA Limitation Periods

This is an employment standards dispute concerning unpaid wages and vacation pay brought under the Employment Standards Act, 2000. The case addresses the application of limitation periods to such statutory claims.

B. v. UBS Securities Canada Inc.

Appeal Dismissed: Wrongful Dismissal Damages Upheld

The Court of Appeal for Ontario dismissed the appeal in a wrongful dismissal action concerning the calculation of damages for an employee terminated without cause. The court upheld the trial judge's decisions that deferred bonuses constituted part of the employee's wages for vacation pay purposes under the Employment Standards Act, 2000, and that the employer's bonus plan did not unambiguously exclude entitlement to deferred bonuses during the reasonable notice period. The court also upheld the trial judge's discretion to award prejudgment interest on a lump sum basis and to determine costs based on partial indemnity rates.

L. v. Park Dentistry

Constructive Dismissal Claim Fails; Vacation Pay Awarded

This case addressed whether an employee's resignation amounted to constructive dismissal following unilateral changes to employment terms, including vacation pay deductions and alleged sexual harassment. The court applied the Potter test and found that the employer's provision of 18 months' working notice and a signing bonus constituted valid consideration for the new contract, and the resignation was deemed voluntary rather than a constructive dismissal. While dismissing claims for sexual harassment and constructive dismissal, the court ruled that the employer improperly deducted vacation pay, ordering reimbursement of $3,763 plus interest.

Joss Covenoho v Pendylum Inc.

ESA Section 97 Bar on Civil Proceedings & Short-Term Termination

This case addresses whether a civil claim for vacation pay, public holiday pay, and overtime is barred by the Employment Standards Act, 2000, and whether an employee with less than three months of service is entitled to statutory notice of termination. The court determined that Section 97 of the ESA does not preclude the civil action for unpaid wages and that Section 54 does not require notice for employees employed for less than three months. Additionally, the court found that clear termination provisions in the plaintiff's fixed-term contract allowed for immediate termination without further liability.

K. v Dufferin Communications Inc. c.o.b. as Evanov Radio Group

Vacation Pay in Commissions: CLC Compliance

This is a judicial review or appeal concerning an employee's claim for unpaid vacation pay under the Canada Labour Code. The central issue was whether the employer could satisfy its statutory vacation pay obligations by including such pay within commission payments without explicit evidence or adjustment. The court addressed whether the employment agreement could override statutory minimums and whether the claim was statute-barred under the Limitations Act, 2002.

K. v. Dufferin Communications Inc.

Vacation Pay Limitation Periods: Canada Labour Code

This is a summary judgment application concerning entitlements to vacation pay under the Canada Labour Code. The court addressed whether the claim was barred by limitation periods.

G. v. CPNI Inc.

Unpaid Wages & Director Liability: G. v. CPNI Inc.

This is a merits decision regarding a claim for unpaid wages and vacation pay brought by former employees against their employer. The court accepted the plaintiffs' evidence establishing the amounts owed and rejected the employer's attempt to deduct amounts from wages under the ESA due to lack of evidence of theft or loss. Additionally, the court held that the corporate director could not be held personally liable for the unpaid wages because the statutory precondition of an unsatisfied execution against the corporation was not met.

C. v. R. W. Travel Limited

C. v. R.W. Travel: Constructive Dismissal & Vacation Pay

This case addresses a claim for constructive dismissal based on alleged workplace harassment, including abusive conduct and derogatory comments by the employer. The court dismissed the constructive dismissal claim, finding the evidence did not meet the objective standard for intolerable working conditions. However, the plaintiff succeeded in a claim for unpaid vacation pay under the Employment Standards Act, resulting in a monetary award.

C. v. Ontario Public Service Employees Union

A labour law dispute involving the Ontario Public Service Employees Union concerning entitlements to vacation pay and pensions within the public sector.

Textron Financial Canada Limited v. Beta Limitee/Beta Brands Limited

Vacation Pay Priority in Bankruptcy: BIA vs ESA

This is a procedural and substantive ruling in a bankruptcy and insolvency proceeding concerning the priority of claims for vacation pay owed to employees. The court determined that the Bankruptcy and Insolvency Act (BIA) prevails over provincial Employment Standards Act (ESA) deemed trusts and statutory liens, meaning vacation pay claims do not rank ahead of a secured creditor's perfected security interest.

Wronko v. Western Inventory Service Ltd.

Constructive Dismissal: Employer Unilaterally Changes Termination Clause

A constructive dismissal case where the employer unilaterally changed the termination clause of the employment contract, and the employee refused to accept the new terms. The court also addressed a dispute over vacation pay, awarding the employee $6,977 in vacation pay with prejudgment interest.