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Banking & Financial Services

Class action overtime lawsuit against Scotiabank certified by Ontario court

Jurisdiction: - Canada/Federal - Ontario

A class action overtime lawsuit against Scotiabank was certified by the Ontario Superior Court in Fulawka v. Bank of Nova Scotia, 2010 ONSC 1148. The case alleges that some 5,300 sales employees located across Canada are owed overtime going back to 2000. The claim is for $350 million ($250 million in general damages; $100 million in punitive damages).

(Update: A March 30, 2010 commentary on the decision by law firm Fasken Martineau ("The HR Space: BNS Overtime Class Action Certified - Did Employer Policy Create Unworkable "Catch-22"?) can be found here.

Law firm files class action overtime lawsuit against BMO Nesbitt Burns

Jurisdiction: - Canada/Federal

A third Canadian banking institution nows finds itself in the cross-hairs of Canadian class action lawyers on the basis of unpaid overtime allegations.

Filed on February 8, 2010, the Rosen v. BMO Nesbitt Burns lawsuit seeks compensation for unpaid overtime for Investment Advisors and Financial Advisers going back to 2002.

The suit was filed in the Ontario Superior Court by Juroviesky and Ricci LLP in Toronto. This firm appears to not be part group of law firms  - led by Sack Goldblatt Mitchell LLP and Roy Elliott O'Connor LLP  - that are acting for the plaintiffs in the high-profile overtime class actions that have been filed already against CIBC, Scotiabank and CNR.

The claim must be first certified by the court before it proceed as a class action.  

Juroviesky and Ricci LLP's February 10, 2010 news release can be found here, and a blurb on their website can be found here.  read more »

Judge reserves decision in Scotiabank unpaid overtime class action certification application

Jurisdiction: - Canada/Federal - Ontario

The Ontario judge hearing the Scotiabank unpaid overtime class action certification application has reserved his decision, according to this Canadian Press article. (You can read the Statement of Claim here).

The Scotiabank case is the second of the "Big Three" unpaid overtime class action certification appplications to be brought by the same coalition of law firms.   read more »

Does an employer have to produce a third-party investigator's report in the course of litigation?

Jurisdiction: - British Columbia

Does an employer have to produce a third-party investigator's report in the course of litigation?

The BC Supreme Court addressed this issue recently in Bank of Montreal v. Tortora, 2009 BCSC 1224, where the defendant former employees brought an application seeking that the Bank of Montreal (the "Bank"):

  1. produce the documents in a third-party investigator's files; and
  2. provide a list of documents over which it claimed privilege that satisfied the requirements of Rule 26(2.1) (i.e., list the documents individually and describe them so that the validity of the privilege claim could be tested).

Background

The Bank dismissed two long-term employees on December 3, 2008 and filed a lawsuit against them on January 6, 2009, claiming that:  read more »

CIBC class action overtime decision to be appealed

Jurisdiction: - Canada/Federal - Ontario

The Globe and Mail is reporting that the proposed representative plaintiff will be appealing the Ontario Superior Court of Justice's decision last month refusing to certify an unpaid overtime class action lawsuit against CIBC. You can read the article ("CIBC employee appeals judge's class-action denial", February 19, 2010) here.

More on the CIBC overtime decision

Jurisdiction: - Canada/Federal - Ontario

As I noted in my post two days ago, the Ontario Superior Court refused to certify an unpaid overtime class action lawsuit against CIBC by its employees. Fresco v. Canadian Imperial Bank of Commerce, 2009 CanLII 31177 (ON S.C.).

The claim for unpaid overtime alleged that CIBC's Overtime Policy (the "Policy") contravened the Canada Labour Code ("CLC') in two key ways:

  1. it required that employees receive approval in advance from a manager in order to be compensated for overtime hours worked, unless there were extenuating circumstances and approval was obtained as soon as possible afterwards; and
  2. it provided paid time off at the rate of 1.5 in lieu of monetary compensation, at the option of the employee.

Canada Labour Code overtime provisions  read more »