The class action case against the CIBC has been dismissed by an ontario superior court judge, who found that there was not sufficient interests among the members of the class in order to proceed.

The Judge found that some of the certification requirements could be met, there were too many issues to be determined in a class wide basis.

The Toronto Star reported on the dismissal in an article here.

Class action claims require a certain degree of commonality among the group members in order to be certified.  Many class actions are dismissed without ever gaining certification.  Some take years and are not advanced on this basis.

The decision, which can be read in full here supports the view that employees should consider claims for overtime through the Ministry of Labour or on an individual basis with a lawyer, rather than on a class basis.

Daniel Lublin is an employment lawyer at the law firm Whitten & Lublin LLP.