By Sarah Diebel

A June 2009 ruling that refused to certify the class-action lawsuit of approximately 30,000 current and former employees has been appealed to the Ontario Divisional Court. The claimants are seeking upwards of $600 million in unpaid overtime.

The case was initially dismissed on the basis that overtime claims were individual in nature and did not satisfy common interest requirements needed to proceed. Legal counsel appealing the decision on behalf of the class has commented that many class actions in Ontario are initially denied but subsequently allowed on appeal.

Class action certification claims cor unpaid overtime have also been filed by employees from the Bank of Nova Scotia and Canadian National Railway Co.

Daniel Lublin originally blogged about the mass tort here.

The National Post reported on the appeal in an article found here.



Sarah Diebel is a lawyer with Whitten & Lublin LLP, an employment law firm providing counsel to employees and employers on workplace matters. Sarah can be reached at sarah@whittenlublin.com

Share This