M. v. Canadian National Railway Company
CN Rail Class Action: Unpaid Overtime & Holiday Pay
Appeal history
- Appealed to the Court of Appeal for Ontario: M. v. Canadian National Railway Company, 2012 ONCA 797 (CanLII) (appeal allowed; certification overturned; costs awarded to appellant)
- Appealed to the Court of Appeal for Ontario: M. v. Canadian National Railway Company, 2012 ONCA 445 (CanLII) (Appeal allowed; certification order set aside)
Summary
This is a certification motion in a proposed class action against Canadian National Railway Company regarding claims for unpaid overtime and holiday pay under the Canada Labour Code. The court addressed whether the Superior Court has subject matter jurisdiction, whether statutory rights constitute implied terms of employment contracts, and whether a class proceeding is the preferable procedure compared to the administrative process under the Code.
Key Factors
- unpaid overtime
- holiday pay
- Canada Labour Code
- class certification
- subject matter jurisdiction
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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.