Cunningham v. RBC Dominion Securities Limited
RBC DOMINION SECURITIES LIMITED / RBC DOMINION VALEURS MOBILIERS LIMITEE
Law Firm / Organization
Norton Rose Fulbright Canada LLP
RBC DOMINION SECURITIES INC. / RBC DOMINION VALEURS MOBILIERES INC.
Law Firm / Organization
Norton Rose Fulbright Canada LLP

Facts: Leigh Cunningham, representing past and present employees of RBC Dominion Securities, filed a class action lawsuit for unpaid statutory vacation and holiday pay under the Employment Standards Act 2000. The case was certified as a class action, and the court was tasked with settling the Notice Plan and Notice of Certification.

Issues: Disputes arose over the Notice Plan's details, particularly regarding the timeline for opting out and the disclosure of class members who opted out. Additionally, there were disagreements about the content of the Notice of Certification, with RBC proposing changes to Cunningham's draft, emphasizing the need for detailed descriptions of claims, defenses, and potential requirements for class members in the trial process.

Court's Ruling: The court sided with RBC Dominion Securities on the Notice Plan, specifying that the opt-out deadline should be 60 days from the last notice published, and agreed with Cunningham on the Notice of Certification, largely maintaining her draft. The court emphasized the importance of providing class members with clear and sufficient information to make an informed decision about opting out.

Costs/Damages: The ruling did not specify costs or damages as the focus was on the procedural aspects of the Notice Plan and Notice of Certification for the class action.

Superior Court of Justice - Ontario
CV-20-00643720-00CP
Class actions