SCC denies leave in unpaid overtime cases

On Thursday, the Supreme Court denied leave to appeal in unpaid overtime cases Bank of Nova Scotia v. Cindy Fulawka and Canadian Imperial Bank of Commerce v. Dara Fresco —  allowing for the suits to proceed as class actions. These two cases were among the Top 10 Cases of 2012 identified in Lexpert’s January issue.

At that time, writer Julius Melnitzer spoke with Heenan Blaikie partner, Jeff Goodman, who had this to say:

There is significant risk out there because many employers are not in full compliance with provincial labour standards … What’s most critical is the court’s ruling that the class could not resort to the aggregate-damages provision as a way of calculating an award at trial, and what that means is that individual plaintiffs will now have to be involved in some way to prove damages. That may prove a disincentive to many claimants in these types of cases.

Here is the list of counsel (clients in bold):

Cindy Fulawka > Sack Goldblatt Mitchell LLP; Roy Elliot O’Connor LLP > Louis Sokolov, Steven Barrett, David F. O’Connor and J. Adam Dewar

Bank of Nova Scotia > Borden Ladner Gervais LLP > Martin Sclisizzi, Morton G. Mitchnick, Markus F. Kremer and Heather K. Pessione

Dara Fresco > Sack Goldblatt Mitchell LLP; Roy Elliott O’Connor LLP > Louis Sokolov, Steven Barrett, David F. O’Connor and Derek McKay

Canadian Imperial Bank of Commerce > Torys LLP; Hicks Morley Hamilton Stewart Storie LLP > Patricia D.S. Jackson and Stuart Svonkin; John C. Field and Lauri A. Reesor

One comment on “SCC denies leave in unpaid overtime cases

  1. Tim McCay
    May 20, 2013 at 3:55 pm #

    Great post! The shear number of employers who are not in compliance with labor laws is astounding. A few years ago I worked 40+ hours a week without over time pay.regularly. I finally got fed up with it and began to research the Labor Laws in Texas and was surprised at the amount of money I was owed!

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