|
Cases » Unpaid Overtime » CIBC
In June of 2007, REO and our co-counsel Sack Goldblatt Mitchell LLP ("SGM") launched, on behalf of the proposed representative plaintiff Dara Fresco, a proposed class action lawsuit against CIBC in respect of unpaid overtime. The action is brought on behalf of current and former non-management, non-unionized employees of CIBC in Canada who are or were tellers or other front-line customer service employees (limited to personal bankers, commercial bankers and account executives, working at CIBC retail branch offices across Canada). Ms. Fresco’s statement of claim alleges that, among other things, CIBC 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 Hearing & Appeal Ms. Fresco moved to have her action certified as a class proceeding in December 2008. In reasons for decision released in June 2009, the Ontario Superior Court of Justice dismissed Ms. Fresco’s certification motion. Ms. Fresco appealed the Court’s decision and her appeal was argued before the Ontario Divisional Court on March 24 and 25, 2010. In reasons for decision released on September 10, 2010, The Divisional Court denied Ms. Fresco’s appeal. Ms. Fresco sought leave to appeal to the Court of Appeal from the Divisional Court’s decision. NEW – LEAVE TO APPEAL GRANTED – In reasons for decision released on January 21, 2011 Ms. Fresco was granted leave to appeal to the Court of Appeal for Ontario. Her appeal should be heard some time this year and the hearing date will be posted on this page as soon as it is released by the Court. NEW - APPEAL TO COURT OF APPEAL SCHEDULED - Ms. Fresco’s appeal of the denial of her certification motion will be heard in Toronto by the Court of Appeal for Ontario on September 14 and 15, 2011. NEW - APPEAL TO COURT OF APPEAL SCHEDULED - Ms. Fresco’s appeal of the denial of her certification motion will be heard in Toronto by the Court of Appeal for Ontario on November 31 and December 1, 2011. 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 |
