Certification Update

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 found below.

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 January 5, 2018 seeking to have Mr. Phillip approved as the class representative and to amend the class definition.

The new proposed class definition the Court is being asked to approve is:

All persons having performed or currently performing document review or ediscovery services at Deloitte pursuant to an independent contractor agreement since January 16, 2014 to the date of certification, exclusive of any person who has only ever performed the duties of a Project Manager;

Belobaba J., dismissed the action against Procom Consultants Group Limited finding, among other things, that “in this case it was acting only as a payment processor and contract administrator and not as a placement agency.”

If you have any questions please contact Andrew Monkhouse at andrew@monkhouselaw.com, 416-907-9249 or Samuel Marr at smarr@lmklawyers.com, 416-221-9343.

PDF IconCertification Decision