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Banking & Financial Services

Scotiabank class action overtime lawsuit moving forward

Jurisdiction: - Canada/Federal

A day after the Ontario Superior Court refused to certify a class action overtime lawsuit against CIBC, the Financial Post has published an article stating that a similar class action lawsuit against Scotiabank is moving forward. The claim against Scotiabank, which is apparently for $350 million, is being handled by the same team of lawyers who are handling the CIBC action.

Ontario Superior Court of Justice refuses to certify overtime class action lawsuit against CIBC

Jurisdiction: - Canada/Federal - Ontario

As reported in the Globe and Mail, the Ontario Superior Court of Justice has refused to certify an unpaid overtime class action lawsuit brought by the employees of Canadian Imperial Bank Commerce (CIBC). The suit alleged that CIBC's overtime policy violated the overtime provisions in the Canada Labour Code.

According to the article, "...the Ontario Superior Court ruled that the facts surrounding overtime complaints at CIBC were too 'individualized' to qualify or be certified as a class action lawsuit."

The article further notes that similar overtime class action lawsuits have been filed by employees at Scotiabank and the Canadian National Railway Co., with the respective class action certification hearings pending.  read more »

When does a cut in remuneration amount to constructive dismissal?

Jurisdiction: - British Columbia

At what point can a reduction of an employee's remuneration be considered a fundamental breach of the employment contract and the basis of a constructive dismissal?

In the recent decision of Pavlis v. HSBC Bank Canada, 2009 BCSC 498, the BC Supreme Court reviewed this issue, finding that in previous cases:     read more »

Second class action overtime lawsuit - valued at $360 million - filed against CIBC

Jurisdiction: - Canada/Federal

Already facing a possible class action overtime lawsuit filed on behalf of its tellers, The Globe and Mail is reporting that CIBC - this time CIBC World Markets Inc. - is now also facing a second possible overtime class action lawsuit.

This one has been filed on behalf of CIBC World Markets' investment bankers, analysts and investment advisers. It is valued at $360 million. Law firm Juroviesky & Ricci LLP in Toronto is acting or the plaintiff.

The October 30, 2008 Globe article ("CIBC gets cuffed with second overtime lawsuit") can be found here.

Birth father must begin parental leave within 52 weeks after child's birth, not complete it within 52 weeks

The issue in British Columbia Securities Commission v. Burke, 2008 BCSC 1244 was whether:

  • a birth father's parental leave must be completed within 52 weeks after the child's birth, or
  • the leave only needs to begin within 52 weeks after the child's birth.

Section 51(1)(c) of the BC Employment Standards Act provides:

An employee who requests parental leave under this section is entitled to:

- - -

for a birth father, up to 37 consecutive weeks of unpaid leave beginning after the child's birth and within 52 weeks after that event.

The Employment Standards Tribunal had determined that the latter interpretation noted above was the correct one. On judicial review, the Court upheld the Tribunal's decision.  read more »

Employees not entitled to enforce Employment Standards Act rights in court

Jurisdiction: - British Columbia

In Macaraeg v. E Care Contact Centers Ltd., 2008 BCCA 182, the BC Court of Appeal ruled that employees are not entitled to enforce Employment Standards Act rights in court. Rather, they must enforce these statutory rights through the employment standards complaint process.

The appeal court's decision overturned the decision of Madam Justice Wedge at the trial level (2006 BCSC 1851).

Maternity policy that would have been operative during working notice period relied on to reduce damages award

In Wilson v. UBS Securities Canada Inc., 2005 BCSC 563, a 37 year old trader with 14.5 years of service was awarded 12 months notice.

However, because the employee was pregnant when dismissed, the court ruled that the company's paid maternity leave policy must be considered when assessing the employee's damages. Pursuant to the maternity leave policy, the employee would have earned less income than if she had continued working. In this regard, the employee's damages were reduced.