Fresco v. Canadian Imperial Bank of Commerce
Unpaid Overtime Class Action
Update – March 9, 2017:
The plaintiff has filed a motion for summary judgment against CIBC. This is a procedure that can be used where a party believes that there is “no genuine issue for trial”. If the judge agrees that there is no genuine issue for trial, the judge can determine all or part of the lawsuit in a summary manner without the need for a full trial.
The motion is scheduled to be heard by the Ontario Superior Court from August 29 to September 1, 2017.
Update – February 13, 2014:
NOTICE OF CERTIFICATION
On June 26, 2012, the Court of Appeal for Ontario certified the lawsuit of Dara Fresco v. Canadian Imperial Bank of Commerce as a class action. The lawsuit will now proceed to a trial of the common issues on a date to be set by the Court.
Read the CIBC Notice of Certification, which sets out important information for members of this class action.
Read the CIBC Direct Mail Notice that all members of the class action should receive in the mail.
Update – March 21, 2013:
The Supreme Court of Canada has dismissed the employer’s application for leave to appeal. This means that the class action can proceed.
Update – June 26, 2012:
The Ontario Court of Appeal allowed Dara Fresco’s appeal and certified the class action. Click here to read the decision.
Update – January 21, 2011:
The Ontario Court of Appeal has granted Dara Fresco’s application for leave to appeal. The appeal was heard on November 30 and December 1 and 2, 2011, at the same time as the appeal in the Scotiabank unpaid overtime class action.
Update – September 10, 2010:
A majority of a panel of the Divisional Court has upheld the decision of Justice Lax regarding certification. A third judge dissented, stating that she would have certified the action. We will seek leave to appeal the decision to the Court of Appeal.
Update – June 18, 2009:
Justice Lax of the Ontario Superior Court denied our motion to certify Dara Fresco’s class action. The Court was not satisfied that there was sufficient evidence of systemic wrongdoing and was further of the opinion that the claims of the class members were not sufficiently common to permit the case to proceed as a class action. In particular, the court rejected the argument that the issue of the legality of the CIBC overtime policy was common to all class members and the resolution of the issue would substantially advance the litigation. The court found that the remaining criteria for certification had been met. We will appeal the decision.
What the class action is about:
In June 2007, Goldblatt Partners LLP and Roy O’Connor LLP filed class action suit against the Canadian Imperial Bank of Commerce for unpaid overtime. The lawsuit is the largest unpaid overtime class action ever launched in Canada.
The action covers thousands of current and former non-management, non-unionized employees of CIBC in Canada who are or were tellers or other front-line customer service employees (limited to personal bankers, commercial bankers and account executives) working at CIBC retail branch offices across Canada.
The statement of claim alleges that class members are assigned heavier workloads than can be completed within their standard working hours. They are required or permitted to work overtime to meet the demands of their jobs and CIBC fails to pay for the overtime work in direct contravention of the Canada Labour Code under which they are regulated.
In order to facilitate affected CIBC employees across Canada joining this class action, we are working with Camp Fiorante Matthews in British Columbia, Chivers Carpenter Lawyers in Alberta, Kapoor Selnes in Saskatchewan, Myers Weinberg LLP in Manitoba, Melançon, Marceau, Grenier et Sciortino in Quebec and Pink Breen Larkin in Atlantic Canada. Employees will have access to local counsel to determine whether they qualify to be a member of the class.
The representative plaintiff:
The representative of the class action is Dara Fresco, a CIBC teller who has worked in more than a dozen CIBC branches across Toronto for nearly 10 years. Based on her own experience, she claims the unpaid overtime situation is widespread at CIBC among non-management employees.
Class action website:
Details of the CIBC class action are available at 1-888-687-2431 or at www.unpaidovertime.ca