Unpaid Overtime (CIBC) Class Action
This case alleges that CIBC unlawfully failed to pay its employees for overtime work that they were routinely required or permitted to perform to complete the common duties of their positions.
The defendant CIBC is a major Canadian bank.
The defendant’s overtime policy required employees to obtain management approval of overtime hours in advance. The plaintiff alleges that this policy served as an institutional barrier to claims for overtime that would otherwise have been compensable.
The case has been certified by the court as a class action.
You are automatically included in the class if you are or were a full-time or part-time CSR, assistant branch manager, FSR, FSA, branch ambassador or other front-line customer service employee working in CIBC’s retail branches across Canada since 1993.
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Unpaid Overtime (CIBC) Updates
- August 11, 2021: The appeal by CIBC is scheduled to be heard by the Ontario Court of Appeal on Sep 28-29, 2021.
- December 8, 2020: CIBC has appealed the three decisions released by Justice Belobaba stemming from the Summary Judgment motion held in December 2019 and June 2020. Justice Belobaba released a decision on March 30, 2020 – Liability Issues Order, a second decision on August 10, 2020 – Damages Issues Order, and a third decision on October 21, 2020 – Limitations Issue Order. We will provide an update once a date is scheduled for the appeal.
- August 10, 2020: The Court released its ruling on common issues 6-8 in respect of damages and other remedies. The Court certified an additional common issue concerning aggregate damages. This means that CIBC will be required to produce time-stamped data from its computer systems from which experts hired by the plaintiff will estimate that amount of uncompensated overtime that the class as a whole worked. The Court will then determine how much money to award to the class.In addition, the Court has issued a declaration that says that CIBC’s overtime policy is illegal and can no longer be used as a basis to deny compensation.
The next stage of the case will take a number of additional months to complete.
In addition, CIBC has indicated that it intends to appeal the Court’s ruling which may add further delay.
We will continue to try and move this case forward as quickly as possible.
- June 29, 2020: The Court held a further hearing today regarding the remedies the Class Members may be entitled to. A further hearing will be held in August, after which the Court’s decision will follow. This will likely be subject to an appeal which will be heard later this year, or early next year.
- March 30, 2020: The decision of Justice Belobaba relating to the Summary Judgment Motion heard on December 12, 2019 has been released. Another hearing will be scheduled to determine damages. Click here to see the Decision.
- December 12, 2019: The summary judgment motion was heard on December 12, 2019. Justice Belobaba reserved his judgment and his decision will be released in the new year.
- May 8, 2019: The summary judgment motion is rescheduled for December 12-13, 2019.
- March 8, 2019: Summary judgement motion is scheduled for September 17-20, 2019.
- November 30, 2017: The Superior Court adjourned the plaintiff’s motion until after she has cross-examined CIBC’s affiant on his affidavit of documents
- November 7, 2017: The Ontario Superior Court is scheduled to hear a motion on November 30, 2017, to decide if CIBC has failed to produce relevant documents and if CIBC should produce those documents.
- October 23, 2017: The Plaintiff’s motion for summary judgment has been adjourned to a later date, to be determined, pending the resolution of certain issues regarding CIBC’s non-production of relevant documents.
- March 7, 2017:A motion for Summary Judgment to decide some or all of the common issues will be heard on August 29 to September 1, 2017 at Osgoode Hall, 130 Queen Street West, Toronto, Ontario.
- February 6, 2014: The Ontario Superior Court of Justice has ordered that members of the CIBC class be given notice of certification. Copies of the short form notice and the long form notice can be seen here. Any member of the class who wishes to opt out of the class action must do so before May 30, 2014. A copy of the opt-out form can be found at the end of the long form notice.
- March 21, 2013:Supreme Court denies CIBC and Scotiabank leave to appeal.
- June 26, 2012:Ontario Court of Appeal holds bank class actions may proceed.
Unpaid Overtime (CIBC) Documents
Notice to Class
Court decisions and orders
Unpaid Overtime (CIBC) News
Frequently Asked Questions
A class action is a special form of lawsuit in which one plaintiff brings a claim against one or more defendants based on allegations which are common to a group, or class, of people. In order for the action to become a class action, it must proceed through a stage known as “certification”.
A statement of claim is issued on behalf of a “representative plaintiff”. The representative plaintiff’s role is to work with class counsel to bring the action forward and to represent the class members in court.
In order for an action to proceed on behalf of the entire class, a judge must decide (among other things) whether the members of the proposed class have common issues, and whether a class action is the preferred way to resolve the issues. The process to decide these issues is known as the “certification motion”. If the judge is satisfied that the case meets all of the requirements for certification, he or she will issue an order which certifies the action as a class action.
No. If the lawsuit is certified, and you are included in the class as defined, you are automatically included in the lawsuit.
No. We will work primarily with the class representative.
Those who do not wish to remain in the class will be given the option to opt-out by sending an opt-out form at the appropriate time to us.
Certification as a class action will enable us to prove the facts in a single lawsuit rather than in numerous individual lawsuits. This has obvious benefits to the class members and to the courts.
There is no timeframe. We will move the case forward diligently but it can take a considerable period of time to reach trial.
Many class actions settle and thereby remove the need for a trial. However, we cannot predict with any certainty whether or not there will be a settlement in a given action.
The chances of “winning” can never be accurately predicted.
Class action lawsuits are typically brought on a contingency fee basis. This means that the lawyers will only be paid if the action is successful at trial or results in a settlement in favour of the plaintiffs. Legal fees would then be paid out of the settlement or judgment proceeds as approved by a judge.
Disbursements (i.e. out-of-pocket expenses, including expert reports) may be dealt with in one of two ways.
Most commonly, the lawyers will absorb the cost of disbursements. The lawyers may seek funding assistance from the Class Proceeding Fund, which may provide funding for disbursements if granted.
In some cases, disbursements may be funded by the class members, including the class representative. This typically occurs in smaller class actions brought on behalf of an organization or network of individuals where each member of the class is easily identifiable and known to the representative plaintiff. If the class action is successful, amounts advanced for disbursements are re-paid from the proceeds of any judgment or settlement to class members (and others).
Only the class representative may be liable for costs of the common issues portion of the action if it is unsuccessful.
A “payout” or an award for damages is never certain.
The action may settle or it may proceed to trial, at which time a judge will determine the amount of damages, if any, to which the class members are entitled to. Regardless, the amount of “payout” cannot be predicted, and we cannot predict when the action may settle or when the trial will conclude.
If the lawsuit is certified as a class action, you will receive a formal notice from the court explaining the nature of the case and providing you with the opportunity to opt out if you wish. General information about the lawsuit will be posted on Sotos LLP’s website at https://www.sotosclassactions.com.
We ask that you keep a copy of any documents, correspondences, records, invoices, receipts, etc. that you feel might be relevant to your individual claim in the class action. If there is a “payout,” this documentation may be required in order to support your claim for compensation.
It is not required that you send any documents to us at this time.
Join this Class Action
UNPAID OVERTIME (CIBC) CLASS ACTION
August 11, 2021:
The appeal by CIBC is scheduled to be heard by the Ontario Court of Appeal on Sep 28-29, 2021.