Curtis v. Medcan Health Management Inc.
NICOLE CURTIS
Law Firm / Organization
Monkhouse Law
AMR GALAL
Law Firm / Organization
Monkhouse Law
KATRINA BUHLMAN
Law Firm / Organization
Monkhouse Law
MEDCAN HEALTH MANAGEMENT INC
ANDREW CARRAGHER
SHAUN C. FRANCIS
EDWIN F. HAWKEN
THOMAS P. REEVES
CRAIG SHEPHERD

Facts: Nicole Curtis, Amr Galal, and Katrina Buhlman, former employees of Medcan Health Management Inc., filed a class action alleging Medcan failed to pay proper vacation and public holiday pay based on total compensation, including commissions and bonuses. Medcan, after recognizing the miscalculation, compensated for 2018 and 2019 but not for earlier years, citing the limitation period.

Issues: The case revolved around whether Medcan's method of calculating vacation and public holiday pay contravened the Employment Standards Act 2000, and if the plaintiffs' claims for periods before 2018 were statute-barred.

Court's Ruling: The Ontario Superior Court of Justice dismissed the plaintiffs' motion to settle the Discovery Plan, finding it lacked common sense, efficiency, proportionality, and fairness. The court granted the defendants' cross-motion to amend the certified common issues, criticizing the plaintiffs' plan as overly broad and unnecessary, emphasizing the need to focus on individual issues like releases and limitation periods.

Costs/Damages: The decision did not specify costs or damages awarded; it focused on the procedural aspects of the Discovery Plan and common issues for the class action. The court provided guidance for resolving these procedural matters before addressing individual claims.

Superior Court of Justice - Ontario
CV-20-00639259-00CP
Class actions
Defendant