Monkhouse Law has filed for an order to certify a class action lawsuit against Bank of Montreal for underpaid vacation and public holiday pay on variable compensation such as commissions.
The class action is the third filed by Monkhouse Law against a large Canadian company for shortchanging employees on vacation and public holiday pay. Orders to certify class actions were previously filed against RBC Insurance Agency Ltd., RBC Life Insurance Co. and Aviva General Insurance Co., those actions are ongoing and allegations are to be proven in court.
The employee class action lawsuit alleges that the company’s practice of calculating vacation and public holiday pay for variable compensation employees at BMO violated the Canada Labour Code. It is alleged that BMO paid vacation pay and holiday pay only on the base pay of variable compensation employees instead of their entire compensation, inclusive of variable components.
The Amended Notice of Civil Claim is available here.
The certification motion that was heard before the Supreme Court of British Columbia from September 12 to 16, 2022 and on October 28, 2022 in Vancouver, further submissions were made in writing in November, December 2023 and February 2024.
Update March 28, 2024
The Amended Notice of Civil Claim Statement of Claim is available here.
Update March 12, 2024
On March 12, 2024, the Supreme Court of British Columbia issued Supplemental Reasons for judgment dated March 12, 2024 whereby the action was certified and the Plaintiff was granted leave to file the Amended Notice of Civil Claim. The Supplemental Reasons for Judgment are available here: https://www.canlii.org/en/bc/bcsc/doc/2024/2024bcsc419/2024bcsc419.html
Update September 5, 2023
The Defendant filed a notice to appeal the decision of the BC Supreme Court to certify the class action with leave to amend. It is expected that a decision concerning the appeal will be made within 12 to 18 months.
Update August 2, 2023
On July 27, 2023 the BC Supreme Court of Justice certified the class action with leave to amend. The decision is available here.
The BC Supreme Court decided that, subject to certain required amendments, the class can be certified as defined below:
All non-unionized Variable Compensation Employees who worked for Bank of Montreal since January 1, 2010 to December 31, 2018, and who are federally regulated in the roles of Private Wealth Consultants and Mortgage Specialists (the “Class” or “class members”).
Presently, the BC Supreme Court decision is not yet final. Once it becomes final as a result of the resolution of any further appeals or amendments, a formal court approved notice will be given to all those affected and those who wish may opt-out of the class action at the time.
IMPORTANT – No action is required by employees to join this class action. In British Columbia, class action lawsuits are an “opt out” system, so if this class action lawsuit is certified, all employees who fall under the class action definition will be members of the class unless they opt out.
Current or former variable compensation employees of BMO who have information that may assist the litigation should contact Alexandra Monkhouse at 416-907-9249, ext. 211 or at alexandra@monkhouselaw.com
Affected employees of BMO can keep up-to-date on the employee class action lawsuit by completing the below form: