This webpage provides information regarding a Canada-wide class action that has been certified by the British Columbia Supreme Court (known as Matthews and Dunlop v La Capitale Civil Service Mutual, La Capitale Financial Group Inc., La Capitale Civil Service Insurer Inc., La Capitale Financial Security Insurance Company, and 3602214 Canada Inc., VLC-S-S-1810216) on behalf of a “Class” that includes:
For clarity, this class action does not concern customers of the Defendants, i.e. those who merely hold (or once held) insurance policies with any of the Defendants. It relates to certain issues faced by Canadian insurance sales agents, managers, and others who were or may be entitled to receive compensation from one or more of the Defendants relating to the sale of insurance policies in Canada.
This class action alleges that the Defendants engaged in conduct (the “Defendants’ Actions” as described in the Second Amended Notice of Civil Claim) that deprived the Class of compensation owed pursuant to various agreements between the Class and the Defendants.
The “Defendants’ Actions” as described in the Second Amended Notice of Civil Claim include:
- (c) Attributing La Capitale Product Expenses to Class Penncorp Business Payments calculations without attributing La Capitale Revenues to Class Penncorp Business Payments calculations
- (f) Classifying Penncorp Product Revenues as either La Capitale Revenues or La Capitale Profits and not attributing La Capitale Revenues or La Capitale Profits to Class Penncorp Business Payments calculations
- (g) Not attributing the correct amount of Penncorp Product Revenues to Class Penncorp Business Payments calculations
- (i) Churning Penncorp Products into La Capitale Products
- (j) Providing incentives to Defendants’ employees, including but not limited to engaging in rebating or tied selling to change Penncorp Products into LaCapitale Products
- (l) Failing to keep an accounting of funds from business conducted through the operations of Defendants’ Canadian Penncorp offices
- (m) Failing to keep an account of funds to be held in trust by the Defendants, for the Class, to meet the ongoing obligations of the Class Retirement Compensation Agreements
For more information and to learn about your options if you are a member of the above Class, please read the Notice of Certification (below).
- Notice of Certification (English)
- Notice of Certification (French)
- Opt-out Form (only to be used if you wish to exclude yourself from participating in this class action; must be received by our office by October 30, 2021)
- Certification Orders, filed August 12, 2021: Part 1 (dated May 28, 2020) and Part 2 (dated April 16, 2021)
- Second Amended Notice of Civil Claim, filed August 16, 2021
If you are a member of the class (as described above), and you would like to be kept informed on the progress of this action, please complete the contact form below. Please note, joining our internal contact list via the form below creates no financial obligation for you and your information will be kept confidential. (If you have previously joined our contact list and your address or other contact information has changed, you may update your contact information on our list by completing the form below.)