Court Of Appeal For Ontario Rules On Overtime Class Action Trilogy

Author:Mr The Labour and Employment Group
Profession:Stikeman Elliott LLP

Today, the Court of Appeal for Ontario released three unanimous decisions pertaining to class actions for claims of unpaid overtime.  The two class actions against the defendant banks were certified and the claim against the Canadian National Railway was dismissed. 

In Fresco v. Canadian Imperial Bank of Commerce the Court overturned the Divisional Court's dismissal of the class action by certifying the majority of the common issues.  In Fulawka v. Bank of Nova Scotia, the Court maintained that the action should be certified but allowed the appeal from the Divisional Court that upheld the certification order of the motion judge to the extent that some of the common issues previously...

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