Cases » Unpaid Overtime » Scotiabank
On December 10, 2007, REO and our co-counsel Sack Goldblatt Mitchell LLP launched a class action lawsuit on behalf of the representative plaintiff Cindy Fulawka, against The Bank of Nova Scotia (Scotiabank) in respect of unpaid overtime. Ms. Fulawka brings the action on behalf of current and former front-line sales staff (limited to Personal Banking Officers, Senior Personal Banking Officers, Financial Advisors or Account Managers Small Business – or their predecessor positions) who worked at any of Scotiabank’s retail branches across Canada.
Ms. Fulawka’s statement of claim alleges that, among other things, Scotiabank failed to compensate her and the other Class Member for the overtime they were required or permitted to work in excess of their standard working hours. The allegations in the statement of claim have not yet been proven in Court.
Certification Motion Granted
In Reasons for Decision released on February 19, 2010 the Ontario Superior Court of Justice certified Ms. Fulawka’s claim as a class proceeding. To view or download the Court’s decision click here.
New! Scotiabank’s Certification Appeal denied by the Court of Appeal
Scotiabank was granted leave to appeal from the Divisional Court’s Decision. In reasons released on June 26, 2012 a unanimous Court of Appeal dismissed the bulk of Scotiabank’s appeal and confirmed the lower courts’ decisions ordering the certification of Ms. Fulawka’s claim as a class proceeding. To view or download the Court of Appeal’s decision click here.
NEW - Scotiabank’s Certification Appeal Denied
Scotiabank’s appeal from the certification order was argued before a panel of three judges of the Divisional Court from December 1 through 3, 2010. In reasons released on June 3, 2011 a unanimous Divisional Court dismissed Scotiabank’s appeal. To view or download the decision click here
More Information/Register as a Class Member
For more information about this action (including to view or download a copy of the statement of claim and/or certification decision) or to register as a class member please visit us on the web at: www.cibcunpaidovertime.ca
IN THE NEWS
Supreme Court Denies Banks Leave to Appeal in Overtime Class Actions
On March 21, 2013 the Supreme Court of Canada denied leave to appeal in the cases of Fulawka v. Scotiabank and Fresco v. Canadian Imperial Bank of Commerce. In June of 2012 the Ontario Court of Appeal ruled that both cases should be certified as class actions and allowed to proceed to trial. The decision of the Supreme Court upholds those rulings.
Court of Appeal Certifies Tax Shelter Case
On March 19, 2013 the Court of Appeal for Ontario allowed the plaintiff’s claim for allegedly inappropriate tax advice in Lipson v Cassels Brock & Blackwell to proceed as a class proceeding.
REO Wins for Defendants – Securities Claim Defeated
In reasons released on September 14, 2012 the Ontario Superior Court of Justice denied the Plaintiff’s motions for certification and leave to issue a claim for secondary market misrepresentation under the Securities Act. REO acted for a number of the former directors.
Court of Appeal Certifies Overtime Class Actions against CIBC and Bank of Nova Scotia
In unanimous decisions released on June 26, 2012 the Court of Appeal for Ontario allowed the plaintiffs’ claims for alleged unpaid overtime in Fresco v CIBC and Fulawka v Bank of Nova Scotia to proceed as class proceedings.
REO recognized as leading class action lawyers
REO is featured in the June issue of National Magazine - the official publication of the Canadian Bar Association