The plaintiffs, former and current Home Financing Advisors at Scotiabank, brought a motion to certify a class action alleging the bank failed to properly pay vacation and statutory holiday pay on their commission earnings as required by the Canada Labour Code.
Scotiabank argued its compensation model was all-inclusive and adequately disclosed, and brought a preliminary motion to strike portions of the plaintiffs' expert report.
The court granted the motion to strike portions of the expert report that went beyond the expert's mandate.
However, the court found the plaintiffs met all criteria under s. 5(1) of the Class Proceedings Act, including demonstrating some basis in fact that the compensation documents were confusing and inconsistent.
The action was certified as a class proceeding.
