Last week, the Supreme Court of Canada denied CIBC and
Bank of Nova Scotia leave to appeal the decisions against them in the overtime
class actions. In June 2012, the Court of Appeal for Ontario certified class
actions against both banks by current and former employees alleging that the
banks failed to pay them for overtime work. Though the Court of Appeal decisions
were unanimous, the banks probably held out some hope for appellate review
because, in
Fresco v Canadian Imperial Bank of Commerce, the motion
judge and the Divisional Court denied certification. Published on the
Bennett Jones Thought Network.