A (Further) Update on the Overtime Class Action Cases

There have been some recent developments in the overtime class action cases that have been winding their way through the courts.

When we last checked in, the Ontario Court of Appeal had certified the actions as class proceedings, effectively permitting the plaintiffs to pursue claims for unpaid overtime on behalf of thousands of employees of the Bank of Nova Scotia and CIBC. Both cases primarily deal with the issue of whether the banks implemented overtime policies that required or permitted employees to work uncompensated overtime hours. The banks sought leave to appeal the certification decisions to the Supreme Court of Canada.

Last week, the Supreme Court of Canada dismissed both applications for leave. As a result, the claims against the banks can now proceed to trial. In both cases, the plaintiffs are seeking damages in the hundreds of millions of dollars, so we can expect that these cases will be vigorously contested.

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