Paving the Way for Overtime Class Actions

AuthorElba Bendo
Elba Bendo
Abstract: In June 2012, the Ontario Court of Appeal released
three decisions regarding the certif‌ication of overtime class
actions. In each of the th ree cases, the court revis its the appli-
cation of the certif‌ication test set out in section 5 of the Class
Proceedings Act. By reviewi ng the court’s judgments, this arti-
cle aims to develop a framework that can be used to enable
the certif‌ication of overtime class actions. The Ontario Class
Proceedings Act was enacted t wenty years ago, yet it remains
disputable whether the legislat ion has achieved its intended
benef‌its. Few cases h ave passed the high certif‌ication hurdle
and even fewer have been resolved through post-trial judg-
ments. If class actions are ever to become a viable forum for
enforcing workers’ rights, court s must strictly observe and
vigorously employ the principles established in the overtime
trilogy. Ontario is ready for full-f‌ledged class proceedings; it
is now up to the judiciary to give the province’s class actions
legislation the generous application it deserves.

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