Le Lézard
Classified in: Business
Subject: LAW


TORONTO, Oct. 10, 2023 /CNW/ - A proposed class action lawsuit has been filed against The Toronto Dominion Bank alleging that it failed to pay or properly pay its mobile mortgage specialists vacation and/or public holiday pay on their commissions, volume bonuses and other variable (non-salary) payments. The statement of claim seeks total damages of up to $500 million.

The statement of claim, filed in the Ontario Superior Court of Justice, seeks to advance claims for allegedly unpaid vacation and holiday pay over various years for a class of more than 1,000 TD mobile mortgage specialists across Canada. The claim alleges that vacation and/or holiday pay was owed, but not paid, on top of the set commissions and other non-salary compensation earned by those employees.

Jason Chiang, a veteran mobile mortgage specialist who spent nearly 13 years working for the TD bank in Vancouver, is the proposed representative plaintiff. "It is important to me that a court assess whether these mobile mortgage specialists are being paid the vacation and holiday pay required by the employment legislation," Mr. Chiang states. "I am pleased to advance this case for all these employees."

Under the federal Canada Labour Code, employees governed by that statute - including employees paid in part or whole by commission and bonuses - are entitled to vacation pay of four to eight per cent (depending on their length of employment) of their gross or total wages. The Code also provides that those employees are entitled to additional pay for the statutory public holidays. Employees in many industries are not aware of these minimum employment standards and how they are applied. 

A team of lawyers out of Toronto represent Jason Chiang, including David O'Connor of Roy O'Connor LLP, Stephen Moreau of Cavalluzzo LLP and Daniel Lublin of Whitten & Lublin PC. They say that, "Compliance with minimum employment standards is important for all employees generally. We will be bringing a motion to request that this case be certified for this class of employees and, if it is certified, a court will subsequently consider and evaluate the issues alleged in the claim."

The allegations in the claim have yet to be tested or proven in Court. It is expected that the TD Bank will defend the action and deny the allegations contained therein.

Affected employees can keep up to date on the class action by visiting www.tdunpaidvacationclassaction.ca.

SOURCE Cavalluzzo LLP

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