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ARTICLE · 07 OCTOBER 2014

Ontario’s Appeal Court Denies Certification Of Overtime Class Action

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The Court of Appeal for Ontario today denied certifying a "misclassification" class action claiming overtime pay.

CanadaLitigation, Mediation & Arbitration
Laura Fric
Laura Fric
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The Court of Appeal for Ontario today denied certifying a "misclassification" class action claiming overtime pay. In doing so, the Court confirmed that where job descriptions of the proposed class are variable they do not have common issues.

The Decision

In Brown v. Canadian Imperial Bank of Commerce the plaintiff claimed that certain types of investment advisors (IAs) working for CIBC World Markets were eligible for overtime pay under the applicable employment legislation. The motions judge and the first level of appeal court, the Divisional Court, had both previously refused to certified the action (see some of our previous posts on the overtime class actions).

The Court of Appeal refused to overturn the lower court decisions based on the following findings:

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