Monkhouse Law has filed for an order to certify a class action lawsuit against RBC Insurance Agency Ltd. and Aviva General Insurance Company for underpaid vacation and public holiday pay on commission payments.
The lawsuit is the first of its kind in Canada. The employee class action lawsuit seeks to have the class action time period run from 1993, when RBC insurance was founded. Aviva purchased RBC Insurance in January 2016.
The employee class action lawsuit alleges that the company’s practice of calculating vacation and public holiday pay for commissioned salespeople at RBC Insurance/Aviva violated the Employment Standards Act, 2000 (ESA). Learn more about vacation pay.
Here is the full press release.
General information about class actions is available here.
On March 2, 2023 the Ontario Superior Court of Justice certified the class action against RBC Insurance Agency and conditionally certified the action against Aviva. The decision is available here: Singh v. RBC Insurance Agency Ltd., 2023 ONSC 1439 (CanLII), <https://canlii.ca/t/jvwjt>
Once a certification order is issued by the court, formal notice will be given to the class members.
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.
Former commissioned salespeople with either RBC or Aviva who have information that may assist the litigation should contact Alexandra Monkhouse at 416-907-9249, ext. 211 or email@example.com .
Affected employees of RBC or Aviva can keep up-to-date on the employee class action lawsuit by completing the below form: