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Cases » Unpaid Overtime/Misclassification » CNR
REO and our co-counsel Sack Goldblatt Mitchell LLP launched a class action lawsuit on behalf of the proposed representative plaintiff Michael McCracken, against CNR in respect of unpaid overtime. The action is brought on behalf of current and former First Line Supervisors across Canada. The lawsuit alleges that CN failed to pay overtime to its first line supervisors across Canada. Mr. McCracken’s statement of claim alleges, among other things that CNR misclassified First Line Supervisors as management employees and as a result failed to pay them overtime under the Canada Labour Code. The statement of claim alleges that first line supervisors of CN across Canada are routinely required to work hundreds of hours of overtime annually for which they are not paid. The allegations in the statement of claim have not been proven in Court. Certification Mr. McCracken moved to have his action certified as a class proceeding in July 2010. In reasons for decision released on August 17, 2010, the Ontario Superior Court of Justice Certified the claim as a class proceeding. 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 You may also email or call us at: |
IN THE NEWS Unpaid Overtime: Scotiabank’s Certification Appeal Denied In reasons released on June 3, 2011 a unanimous Divisional Court dismissed Scotiabank’s appeal of the decision certifying Cindy Fulawka’s action against the Bank as a class proceeding.
Leave to Appeal Granted in CIBC Overtime Case In reasons released on January 21, 2011, the Court of Appeal for Ontario granted Dara Fresco leave to appeal from the decision denying the certification of her claim as a class proceeding.
REO LLP Wins Record Costs Award In the unpaid overtime class action of McCracken v CNR, Peter Roy and Sean Grayson of REO, and Louis Sokolov and Steven Barrett of SGM obtained the largest cost award ($740,000) in Canadian legal history as a result of a successful certification motion.
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
Court Certifies Overtime Class Action Against CN On August 17, 2010 the Ontario Superior of Justice certified McCracken v Canadian National Railway Company as a class proceeding |
