Sondhi v. Deloitte et al.

Sondhi v. Deloitte et al. Certification and Cost Award

On March 7, 2018, Justice Perell released his reasons on costs between the Plaintiff and Deloitte arising from the certification. Perell, J. ordered Deloitte to pay costs to the Plaintiff of $353,790.88, all-inclusive. The costs are payable on April 19, 2018. A copy of Perell J’s reasons can be found below.

The Plaintiff settled costs with the Defendant Procom, agreeing to pay $60,000 for costs on the certification motion, payable within 30 days of the Plaintiff receiving the cost payment from Deloitte.

The Order arising from the certification and the cost decisions is dated March 15, 2018, and is attached below.

The next step in the litigation is for the court to determine the content, form and distribution of the notice of certification, and the opt-out deadline. Once this is determined by the court, notice of certification will be distributed.

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 IconCosts – Perell J’s Reasons
Justice Perell’s Order

Sondhi v. Deloitte et al. Certification Update

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 found below.

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.

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

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

Document Reviewers sue Deloitte and Procom

In March 2015, Shireen Sondhi decided to sue Deloitte & Touche LLP, Deloitte Management Services LP, and Procom Consultants Group Ltd, for, among other things, misclassifying her and proposed class members as independent contractors, and for failing to properly remunerate her and the proposed class members. Shireen will be asking the Court to, among other things, (i) approve that she stand as the representative plaintiff, (ii) approve this action as a class proceeding, and (iii) certify that the class is comprised of all persons having performed or are currently performing document review services at ATD Legal Services and/or Deloitte who have been classified as ‘independent contractors’.

PDF IconFresh as Amended Statement of Claim amended April 13, 2016