This was a certification motion in a proposed national employment class action alleging that commission-only mortgage specialists were not paid vacation and holiday pay on their full variable compensation contrary to the Canada Labour Code and related contractual and equitable duties.
The court held that the pleaded claims for breach of contract, negligence, breach of fiduciary duty, unjust enrichment, breach of trust, and breach of duty of good faith were not plainly doomed to fail, and that there was some basis in fact for common liability issues and aggregate damages.
The court also held that the common issues predominated for preferable procedure purposes despite disputes about limitation periods and varying employment documents.
Certification was granted except for punitive damages, for which the record did not provide some basis in fact.
