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ARTICLE · 28 AUGUST 2013

Ontario Court Certifies Investment Advisors Overtime Class Action

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The Ontario Superior Court of Justice has recently certified a class action alleging that BMO Nesbitt Burns Inc. failed to pay overtime to a group of approximately 1,500 current and former Investment Advisors.

CanadaLitigation, Mediation & Arbitration
Nina Butz
Nina Butz
Amanda McLachlan
Amanda McLachlan
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In a decision that marks the first of its kind, on August 20, 2013, Justice Belobaba of the Ontario Superior Court of Justice certified a class action alleging that BMO Nesbitt Burns Inc. failed to pay overtime to a group of approximately 1,500 current and former Investment Advisors. The decision in Rosen v. BMO Nesbitt Burns Inc. comes following a tumultuous period in which the Supreme Court of Canada denied leave to appeal certification in two "off-the-clock" overtime cases and the Superior Court of Justice, Divisional Court and the Court of Appeal of Ontario declined to certify two "misclassification" cases, including a case premised on a group of similarly situated employees in Brown v. Canadian Imperial Bank of Commerce.

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