Vacation and holiday pay: Deacon et al. v. The Bank of Nova Scotia (Ontario proceeding; national class)

What is the lawsuit about?

The lawsuit is against The Bank of Nova Scotia. The plaintiffs are current and former home financing advisors (“HFAs”) employed by the defendant.

The plaintiffs claim that Scotiabank failed to provide vacation pay and statutory holiday pay as required under the Canada Labour Code. The plaintiffs further claim that, for retired HFAs, Scotiabank failed to calculate their pension entitlements properly based on their total compensation.

The plaintiffs claim that Scotiabank’s conduct was (a) in breach of their employment contracts and pension plan, (b) negligent, (c) in breach of trust, and (d) unjustly enriched Scotiabank.

The plaintiffs bring this case on behalf of a proposed class of all HFAs who have worked at Scotiabank since November 1, 2009.

What is the status of the lawsuit?

The plaintiffs started the lawsuit in July 2023 in Toronto. The case has not been certified as a class action. The plaintiffs’ motion to certify the case under the Class Proceedings Act, 1992 is scheduled to be heard in February 2026. The Class Proceedings Fund has agreed to fund this case.

Who are the proposed class members?

The proposed class is defined as:

All individuals employed by Scotiabank as HFAs[¹] at any time between November 1, 2009 and the date of certification (the “Class Period”). For greater certainty, the Class does not include the proposed class in the action styled as Justin Ngan v. The Bank of Nova Scotia, Court File No. CV-22-00691702-00CP in the Ontario Superior Court of Justice in Toronto.

[1] Including any previous titles for substantially the same role, including, without limitation, Mortgage Development Managers.

How can I get more information about the lawsuit?

A copy of the statement of claim is available on the documents tab on this website. For more information about the case or if you believe you are a class member, please contact the lawyers acting for the plaintiffs at HFAClassAction@paliareroland.com.