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Class Action Certification Denied Because of the Lack of a Common Issue: Bank's Overtime Policy Upheld by Court by Morton G. Mitchnick
Borden Ladner Gervais LLP - Ottawa Office
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October 7, 2009
Previously published on June 2009
On June 18, 2009, the Ontario Superior Court of Justice declined to certify a class proceeding for a $600-million class action lawsuit brought by Ms. Dara Fresco on behalf of current and former employees in the retail branches of the Canadian Imperial Bank of Commerce ("CIBC") for allegedly unpaid overtime. Madam Justice Joan Lax applied the test for certification of a class proceeding in the Class Proceedings Act ("Act") and determined that Ms. Fresco failed to establish that the claims of the class members raised a common issue capable of being determined on a class-wide basis that would sufficiently advance the litigation proceedings.
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