An Ontario Superior Court justice has found that the class action lawsuit brought against Deloitte LLP by lawyers who had reviewed documents for the firm constituted a success for the plaintiff class, and he has granted the representative plaintiff for the class a cost award.
Deloitte was hit with the $384-million class action in March 2015 on behalf of at least 418 lawyers who worked at a document-review company, ATD Inc., that Deloitte had acquired the previous year. The lawyers claimed they were improperly classified as contractors rather than employees of the company and, pursuant to Ontario’s employment standards legislation, they sued for unpaid overtime, vacation and statutory holiday pay. The class was certified on Jan. 16, 2018.
In his decision delivered on March 7, Justice Paul Perell of Ontario’s Superior Court of Justice granted a reduced portion of the plaintiffs’ request for costs on a partial indemnity basis for the certification motion.