The law firms of Roy O’Connor LLP, Cavalluzzo LLP and Whitten & Lublin PC have issued a proposed class action lawsuit on behalf of the proposed representative plaintiff Leigh Cunningham against RBC Dominion Securities Limited.
The proposed class action alleges that over a number of years RBC DS failed to properly pay commissioned employees such as investment advisors, wealth advisors and portfolio managers vacation pay and holiday pay as required by provincial and territorial employment standards laws.
The proposed class action seeks to include RBC DS employees from across Canada but British Columbia or Alberta (which have laws that exclude RBC DS employees there from vacation and holiday pay requirements).
Certification Motion & Decision
The Plaintiff moved for the certification of this action as a class proceeding. The certification motion was heard on June 20, September 21, October 28 and November 16, 2022. In Reasons for Decision released on December 29, 2022, the Honourable Justice Belobaba certified this action as a class proceeding.
- Reasons for Decision: Please click here to view or download the Reasons for Decision.
- Certification Order: Please click here to view or download a copy of the Certification Order.
Following the release of the Reasons for Decision, RBC DS moved for leave to appeal to the Divisional Court. In an Endorsement released on October 5, 2023 that motion was dismissed.
The Plaintiff will move for Court approval of a formal notice of certification summarizing, among other things, the Class Members’ rights under the certification order. That notice will be sent to eligible class members and will be posted on this website as well.
Register For More Information
If you believe that you may be a class member in this proceeding and wish to receive information from time to time about the status of the lawsuit, you may request such information by filling in the form found at: The Registration Page
For further information about the class proceeding lawsuit please contact Class Counsel at:
Roy O’Connor LLP
Attention: James Katsuras
Further updates about this action will be posted to website as the case develops.
About Class Counsel
Roy O’Connor LLP - Roy O’Connor LLP has been recognized in peer reviews as one of Canada’s leading boutique litigation firms and leading litigators in class actions. Among other things, Roy O’Connor is Benchmark Canada’s (a guide to Canada’s leading litigators) three-time winner of its award for Plaintiff’s Firm of the Year in Canada (2013, 2015 and 2017).
Roy O’Connor LLP
Cavalluzzo LLP - Cavalluzzo LLP is one of Canada’s oldest and leading employment and labour law firms and has been recognized as a leading boutique employment law firm by numerous peer organizations. Cavalluzzo LLP’ lawyers specialize in labour law, employment law, class actions, pensions and benefits, professional regulation, human rights, constitutional law, Indigenous rights and public interest advocacy.
Whitten & Lublin - Whitten & Lublin is one of Canada’s premier workplace law firms. The Firm was nationally recognized in 2020 & 2018 as one of Canada’s Top 10 Employment & Labour Law Firms, by Canadian Lawyer Magazine and as the Best Labour & Employment Boutique Law Firm in Canada in 2020, by the Canadian HR Awards. The Firm assists employees and workers across Canada in resolving all forms of workplace law disputes with a particular emphasis on dismissal and dismissal-related litigation.
Whitten & Lublin