Deloitte Document Reviewer Class Action

The certified class action alleges that document reviewers hired by Deloitte et al. were misclassified as independent contractors rather than employees. The action alleges that the class members are entitled to employment standards minimums and statutory deductions.

The statement of claim is available here.

DOCUMENTARY DISCOVERY UPDATE (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.

After documentary exchanges are complete, the parties contemplate the possibility of proceeding to a Summary Judgment hearing.

CERTIFICATION UPDATE (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

CERTIFICATION UPDATE – COSTS (March 7, 2018)

On 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>

CERTIFICATION UPDATE (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.

CERTIFICATION UPDATE (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 Katherine Manwaring at katherine.manwaring@monkhouselaw.com.

Affected document reviewers of Deloitte Management Services LP can keep up-to-date on the employee class-action lawsuit by completing the below form:

PUBLICATIONS ON DELOITTE CLASS ACTION: 2015 – Current

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.