Medcan – Vacation and Holiday Pay Class Action

Monkhouse Law has obtained an order to certify a class action lawsuit against Medcan Health Management Inc. for underpaid vacation and public holiday pay on variable compensation such as commissions and bonuses.

The employee class action lawsuit alleges that the company’s practice of calculating vacation and public holiday pay for variable compensation employees violated the Employment Standards Act, 2000 (ESA). Learn more about vacation pay.

The Statement of  Claim is available here.

Here is the initial press release.

The amended Statement of Claim is available here.

The amended Amended Statement of Defence is available here.

The discovery of Medcan’s Representative for Discovery is scheduled on June 25, 2024.

Class Action Certified – October 26, 2022

By order of Justice Perell of the Superior Court dated October 26, 2022 a class action has been certified against Medcan and its directors.

This action was brought on behalf of all variable compensation employees of Medcan Health Management Inc. who worked from April 7, 2005 until October 26, 2022.

The action alleges that the Company’s variable compensation employees were underpaid vacation and public holiday pay on their variable compensation. The Company disputes these claims.

If you wish to exclude yourself from the proceeding, you must complete an opt-out form no later than Friday, February 24, 2023. The opt-out form and more information about the class action is available here.

You can read the Certification Order for Curtis v. Medcan Health Management Inc dated October 26, 2022 here. The amended Certification Order dated August 21, 2023 is available here.

The long notice of certification is available.

On December 29, 2023, the Court issued its decision concerning the settlement of the discovery plan, the decision is available here.

IMPORTANT – No action is required by employees to join this class action. In Ontario, 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 and former variable compensation employees who have information that may assist the litigation should contact Alexandra Monkhouse at 416-907-9249, ext. 211 or