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 & Appeals
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.
Court of Appeal Allows Appeal & Certifies Action
Ms. Fresco appealed the Divisional Court’s decision to the Court of Appeal and in a unanimous decision released on June 26, 2012 the Court of Appeal allowed her appeal and certified her claim as a class proceeding. CIBC Is seeking leave to appeal to the Supreme Court of Canada from the Court of Appeal’s decision.
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