Liability And Damages In Canada's Largest Class Action For Unpaid Overtime

After twelve years of litigation in Fresco v. Canadian Imperial Bank of Commerce, Justice Belobaba of the Ontario Superior Court of Justice recently decided two summary judgment motions on the merits – dealing first with liability and then damages.

In the liability decision, Belobaba J. found the defendant bank liable for permitting the plaintiff class members (front-line bank employees) to work uncompensated overtime hours, and for failing to record those hours in accordance with federal labour legislation.

In the damages decision, Belobaba J. found that the class members were entitled to damages for breaches of their employment contracts, and certified an additional common issue as to aggregate damages in an amount to be determined at a further hearing.