Class action commenced against CIBC: seeking compensation for alleged unpaid overtime hours
Supreme Court denies CIBC leave to appeal
March 21, 2013
This morning, the Supreme Court of Canada denied leave to appeal in the cases of Fulawka v. Scotiabank and Fresco v. Canadian Imperial Bank of Commerce. Both cases are class actions alleging systemic unpaid overtime.
Last June, the Ontario Court of Appeal ruled that both cases should be certified as class actions and allowed to proceed to trial. The banks sought to appeal those judgments to the Supreme Court of Canada. The decision of the Supreme Court of Canada today upholds the ruling of the Ontario Court of Appeal.
The plaintiffs in both cases are represented by the law firms of Roy Elliott O’Connor LLP and Sack Goldblatt Mitchell LLP.
Lead counsel David O’Connor and Louis Sokolov advised that both Cindy Fulawka and Dara Fresco are pleased that the cases and the claims of the class members can now be pressed forward on their merits.
June 26, 2012
The Court of Appeal allowed the plaintiff's appeal and certified the class action. The action will now proceed. Read the story in the Toronto Star.
Court of Appeal reserved its decision
December 6, 2011
The appeals in this matter was heard by the Ontario Court of Appeal (Winkler C.J.O., Lang and Watt JJ.A.) on November 30 and December 1 and 2, 2011. The Court of Appeal reserved its decision.
Appeal date set
September 15, 2011
The appeal of the order denying certification was scheduled to be heard on September 14 and 15, 2011. Unfortunately, the Court of Appeal was unable to complete the hearing at that time and the case has now been rescheduled to November 30 and December 1, 2011.
The Court of Appeal releases its decision with respect to the plaintiff’s motion for leave to appeal the split decision of the Divisional Court
January 25, 2011
On January 21, 2011, the Court of Appeal released its decision with respect to the plaintiff’s motion for leave to appeal the split decision of the Divisional Court (upholding the denial of the certification motion). The motion was successful and the plaintiff was granted leave to appeal. A date for the appeal will be scheduled in due course.
Plaintiff has applied for leave to appeal
November 5, 2010
The plaintiff has applied for leave to appeal the split decision of the Divisional Court (upholding the denial of the certification motion) to the Court of Appeal. We are awaiting the decision of the Court of Appeal.
Certification Appeal Denied in Split Decision
Contact a member of the national legal team in your provinceSGM and REO are working with a national legal team to ensure the most effective representation possible for the proposed class.
Click here to contact a member of the national team in your province.
IMPORTANT NOTEMembers of the legal team have been retained by the proposed representative plaintiff to pursue this action as a class proceeding. Their retainer is limited to issues which apply to the class as a whole. Unless you have a written retainer agreement with a member of the legal team, no member of the legal team has taken on the responsibility to advise you with respect to your individual circumstances, including whether or not you should participate in this class action.
Dara Fresco, first CIBC
teller spearheading action
SGM and REO are working with a national legal team to ensure the most effective representation possible. The legal team will seek to have the lawsuit certified as a class action. If the case is certified by the court, all persons who fit the class definition will automatically be included in the class unless they choose to opt out.
If you are a Class Member and you wish to obtain more information about this lawsuit from time to time, please complete the online registration form. Your information will be held in strict confidence, and will only be released as required by law or as you may consent.
By completing the form, you are simply asking to be sent further information concerning this lawsuit and its status from time to time. You are not retaining SGM or REO. You are not assuming any obligation to participate in the class, nor are you assuming any obligation to pay legal fees. You do not need to complete the form to be a member of the class.
While SGM, REKO, and/or other members of the national legal team will attempt to keep you informed of the progress of this lawsuit, any information posted from time to time on this website and any other information provided to you by members of the legal team (by e-mail, phone or otherwise) do not constitute formal notice under the Class Proceedings Act. Court approved notices under the Class Proceedings Act will be clearly marked as such.
The information on this website is general in nature, and may or may not apply to your individual circumstances. Nothing on this website and no information otherwise provided to you about the status of the lawsuit by SGM, REO or other members of the national legal team should be taken as legal advice with respect to your individual situation. SGM, REO and other members of the legal team will not be liable for any person’s reliance on any such information.
Nothing in this website is intended to influence a person who has already retained another lawyer in respect of overtime issues to change his or her lawyer in respect of those issues. If you have already retained a lawyer to represent you in respect of overtime issues, you should deal directly with that lawyer.
For further information concerning this action, please call 1-888-687-2431 or email email@example.com. Updates concerning this action will be posted on this website.