F. v. Canadian Imperial Bank of Commerce
F. v CIBC: Class Certification for Unpaid Overtime
Appeal history
- Appeal from: F. v. Canadian Imperial Bank of Commerce, 2009 CanLII 31177 (ON SC)
- Appeal from: F. v. Canadian Imperial Bank of Commerce, 2010 ONSC 4724 (CanLII)
- Appeal from: F. v. Canadian Imperial Bank of Commerce, 2010 ONSC 1036 (CanLII)
Summary
This is an appeal to the Court of Appeal from a Divisional Court decision affirming a motion judge's dismissal of a class action certification motion about unpaid overtime. The plaintiff employee sued the employer bank on behalf of retail branch employees for systemic unpaid overtime. The motion judge and Divisional Court refused to certify the action, finding no common issues because the bank's overtime pre-approval policy was legal. The Court of Appeal allowed the appeal and certified the class action. The Court held that it was not plain and obvious the policy complied with the Canada Labour Code and there was an evidentiary basis to certify systemic common issues.
Outcome
appeal allowed
Key Factors
- class certification
- unpaid overtime
- common issues
- aggregate damages
- Canada Labour Code
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This summary was written by AI from the published decision and its headnote. It is not an official version of the decision; read the full text on CanLII before relying on it. This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.