Class action commenced against CIBC: seeking compensation for alleged unpaid overtime hours

New! Status of Appeal March 29, 2010 The appeal was argued on March 24 and 25 and the decision was reserved. We expect that the decision will be reserved for several months. Decision to be appealed July 20, 2009 Read the Notice of Appeal Court Denies Certification Decision June 18, 2009 Justice Lax of the Ontario Superior Court released her decision today denying the motion to certify Dara Fresco’s class action. The Court was not satisfied that there was sufficient evidence of systemic wrongdoing and was further of the opinion that the claims of the class members were not sufficiently common to permit the case to proceed as a class action. In particular, the court rejected the argument that the issue of the legality of the CIBC overtime policy was common to all class members and the resolution of the issue would substantially advance the litigation. The court found that the remaining criteria for certification had been met. We are disappointed by this decision but are reviewing it carefully. Ms Fresco has a right to appeal the decision to the Divisional Court and will announce her decision shortly. Click here to read the decision.

Contact a member of the national legal team in your province SGM 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 NOTE Members 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

The lawsuit alleges that CIBC failed to compensate the Class Members for the overtime they have worked in excess of their standard working hours. The statement of claim alleges that the Class Members are required to work overtime and that CIBC fails to pay for the overtime work. The allegations in the statement of claim have not been proven in Court. No statement of defence has yet been filed by CIBC.

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 unpaidovertime@sgmlaw.com. Updates concerning this action will be posted on this website.