Deloitte Management Services LP and Deloitte & Touche LLP and the representative plaintiff have agreed to settle a class action commenced in 2015, on behalf of individuals who performed document review or e-discovery services at Deloitte pursuant to an independent contractor agreement, alleging among other things, that the document reviewers should, in law, have been classified as employees of the Defendants and not as independent contractors.
Without any admissions of liability, the settlement provides that the Defendants will pay an all-inclusive sum of $2.4 million to settle the class members’ claims and to also pay legal fees and the cost of distributing the settlement funds. The settlement was approved by the Ontario Superior Court on February 16, 2023.
The statement of claim is available here.
The settlement agreement and signed order approving the settlement dated February 16, 2023 are available here.
The short notice of settlement approved is available here.
The long notice of settlement approved is available here.
The payment notification letters have been sent out by email on August 11, 2023 to all those who have filed valid claims. Payment will be processed at the date specified in the notification letter. No further claims can be made.
UPDATES:
August 11, 2023: The payment notification letters have been sent out by email to all those who have filed valid claims.
June 14, 2023: The notification letters have been sent out by email to all those who have filed valid claims.
May 18, 2023: Claim filing deadline expired.
February 16, 2023:The Ontario Superior Court of Justice approved the settlement agreement.
February 2, 2023: The Ontario Superior Court of Justice issued the dissemination order concerning the settlement approval. The signed dissemination order is available here.
January 24, 2023: The Parties entered into a settlement agreement.
May 26, 2022: The Plaintiff’s summary judgment motion was rescheduled to February 15, 16 and 17, 2023.
May 5, 2022: The Plaintiff was ordered to provide supplementary answers following the Defendant’s refusal motion.
February 9, 2022: Defendants’ motion for leave to file the two Supplementary Affidavits is dismissed, the decision is available here.
December 22, 2021: The Representative Plaintiff moved a refusals motion and was largely successful. The decision can be found here.
February 10, 2020: The parties are engaging in documentary discovery. The Representative Plaintiff moved a motion for a further and better affidavit. Justice Belobaba’s decision can be found here.
November 6, 2018: The certification notice and opt-out forms have been circulated to the class. They are reproduced below:
Notice of Certification
Opt-Out Form
Signed Order
March 7, 2018: Justice Perell awarded costs in the amount of $353,000 to cover the costs of the Representative Plaintiff on the certification motion.
| Sondhi v. Deloitte Management Services LP, 2018 ONSC 1504 (CanLII), <http://canlii.ca/t/hqvmp> |
January 16, 2018: On January 5, 2018, Justice Perell heard the Plaintiff’s previously adjourned motion to certify this action as a class proceeding. The purpose of the reconvened hearing was to replace the suggested Representative Plaintiff. On January 16, 2018, Justice Perell released his reasons which can be read at: Sondhi v. Deloitte Management Services LP (Jan. 16, 2018) .
Justice Perell found that Tarrie Phillip was a suitable representative Plaintiff and that the other criteria of the class action had been met, including a revised class definition. Therefore he finalized the certification of the common issues against the Deloitte Defendants.
October 19, 2017: On March 28 and 29, 2017, Justice Belobaba heard the Plaintiff’s motion to certify this action as a class proceeding. On April 13, 2017, Justice Belobaba released his reasons which can be read here.
Justice Belobaba certified the common issues against the Deloitte Defendants. His Honour determined that Ms. Sondhi was not a suitable representative Plaintiff and ordered counsel to amend the class definition. Tarrie Phillip has agreed to stand as a new representative Plaintiff. A motion is returnable on November 7, 2017 seeking to have Mr. Phillip approved as the class representative and to amend the class definition.
If you have any questions, please contact Alexandra Monkhouse at alexandra@monkhouselaw.com or deloitte.classaction@monkhouselaw.com
PUBLICATIONS ON DELOITTE CLASS ACTION: 2015 – Current
The settlement approval hearing Press Release is available here.
Slaw Canada’s Online Legal Magazine – March 11, 2018
Deloitte Class Action Indicative of Legal Future
Early on in 2018, Justice Perell approved a replacement class representative in Sondhi v. Deloitte Management Services LP, on a motion for what has felt like an exhausting certification process in a class proceeding. This matter involves lawyers who have not been considered as such by their employers or the parties using their services.
Cision – February 7, 2018
Ontario Court Finds New Representative Plaintiff Suitable, Certifies Class Proceeding against Deloitte relating to misclassification of lawyers as Independent Contractors
A class action case against Deloitte that involved document reviewers has been certified by the Ontario Superior Court of Justice. This claim is seeking compensation for vacation, statutory holiday pay and overtime that were unpaid. This claim alleges that the document reviewers were in fact misclassified by Deloitte as independent contractors when in actuality they were employees.
Law in Quebec – April 19, 2017
Court certifies class action regarding misclassification of lawyers as independent contractors
A class action against Deloitte LLP involving document reviewers has been certified by an Ontario court. This is a decision that underlines the changing employment landscape. In an unusual twist, the class action has been adjourned for 60 days. This is until class counsel can find the adequate representative plaintiff and obtain court approval of amendments to the proposed class definition.
Canadian Lawyer – April 18, 2017
Court certifies class action against Deloitte, subject to finding new representative plaintiff
Sondhi v. Deloitte Management Services LP, Deloitte & Touche LLP and Procom Consultants Group Limited was first filed in March of 2015, seeking $384 million on behalf of hundreds of lawyers working at a document review company that Deloitte acquired in 2014.
Toronto Star – March 13, 2015
Deloitte sued for $384 million in lawyer class action
Sondhi explains to the Toronto Star that she began doing contract work with ATD in November of 2013. This was before ATD was purchased by Deloitte in January 2014. The claim against Deloitte claims that as independent contractors, the lawyers missed out on Employment Standards Act entitlements. These entitlements include vacation and overtime pay, and the Deloitte was not required to provide termination notice.
Precedent – March 13, 2015
Deloitte’s document review branch hit with $384-million class action lawsuit
Monkhouse Law has filed a large class action lawsuit against Deloitte LLP, a well-known accounting company. They are seeking $384 million on behalf of lawyers who worked at Deloitte’s documents-review branch.
Monkhouse Law – March 11, 2015
Sondhi v. Deloitte et al.
Monkhouse Law is proud to be representing Shireen Sondhi in her class action case against ATD/Deloitte as the proposed representative Plaintiff for all document reviewers who have in the past or are currently working at ATD/Deloitte.