In a recent SBH Update we discussed a case where a $600 million class action lawsuit against CIBC for unpaid overtime was denied certification. Not surprisingly, this decision is being appealed to the Ontario Divisional Court.
In a judgment issued in June 2009, Justice Lax of the Superior Court of Justice decided that this case should not proceed because it lacked the required commonality of issues to warrant certification as a class action.
If Justice Lax’s decision holds up to appellate court scrutiny, it will deal substantial blow unpaid overtime cases of a similar nature. However, as we discussed in our Update, there is another type of overtime class action and other employment related class actions lurking for employers to be mindful of.
The plaintiffs’ lawyers will file material supporting the appeal by the end of August and CIBC will have 60 days to respond. We would not be surprised to see this case ultimately end up before the Supreme Court of Canada.
Landon P. Young – [email protected]
Ryan M. Conacher – [email protected]
