Overtime Class Actions Denied Leave To Appeal

As previously discussed here and here, in 2012 the Ontario Court of Appeal certified two class actions concerning overtime against Canadian banks: Cindy Fulawka v. Bank of Nova Scotia and Dara Fresco v. Canadian Imperial Bank of Commerce.  Both cases involved allegations that the respective employer's overtime policy was in violation of the Canada Labour Code. The Ontario Court of Appeal reviewed the lower court's contrasting decisions, and determined that the cases should be certified as class actions, as both presented common issues regarding whether the overtime policies and practices prevented certain employees from receiving overtime pay.

Each of CIBC and Bank of Nova Scotia sought leave to appeal the decision of the Court of Appeal granting certification to the Supreme Court of Canada.  However, the Supreme Court denied leave to appeal in both cases on March 21, 2013.  Accordingly, the lawsuits will now proceed as class actions on the common issues.