CIBC Unpaid Overtime

The settlement covered approximately 30,000 current and former CIBC employees. Notices went out to the Class Members whose identity and addresses/emails were available. The Bank did not have complete information for all potential Class Members going back as far as 1993. It was expected that various employees in the Class would correspond with the court-approved settlement administrator to correct or supplement information regarding their wages or years of employment. It was also expected than many former employees in the Class (whose identity was not otherwise known or available) would contact the settlement administrator to advise that they too worked for the Bank in one of the positions referred to in the Class.  Thousands of individuals did correspond with the settlement administer before the March 25, 2024 deadline.  Since that time, the settlement administrator has corresponded with thousands of individuals to seek further information or confirmation that they worked at the Bank in one of the relevant positions at some point between February 1, 1993 and June 18, 2009 or additional information on their wage rates or years of service. That follow up information and confirmation process was open until September 13, 2024.  Now that that process has ended, the settlement administrator, with some input from Class Counsel, can complete the process of deciding which claims are eligible and then move on to calculate each Class Member’s individual share of the net settlement fund.   The process of reviewing thousands of individual responses and supplemental documentation has and will continue to take some months, with the result that the first payout to Class Members will likely start in January as set out in more detail below.

Under the terms of the approved Settlement, the distribution of the net settlement funds to Class Members is proceeding in two stages.  The first distribution will be based on 70% of the net settlement funds available, as provided for in the distribution protocol.  As of the date of this update, the first distribution of the net settlement fund is expected to proceed in or about mid-January 2025.  The second distribution will include the remaining balance of the net settlement funds. The date of the second distribution will be determined at a later date in this proceeding and will be posted to this site at that time.   Paying the distributions in the same calendar year will also make the tax reporting and related issues more simple and thus reduce the administration expenses reserved or deducted from the settlement funds.

Class Counsel appealed the fee approval in this decision to the Court of Appeal for Ontario. In reasons for decision released on August 23, 2024, that appeal was dismissed. As such, money reserved to potentially supplement Class Counsel’s approved fees will now be added to the net settlement funds and available for payment to the Class.

Please note that the class period for all claims is February 1, 1993 to June 18, 2009.  The claims portal will only accept these dates or any dates in between.

All claims will be processed after March 25, 2024, which is the deadline for submitting claims.

For information about the claims process, please click here to view the Amended Distribution Protocol.  If you have any questions regarding the claims process please contact Ricepoint Administration Inc. by email at cibcunpaidovertime@ricepoint.com or toll-free at 1-866-726-4057.

On April 24, 2023, Class Counsel’s fee approval motion was heard before another judge, Justice Perell of the Ontario Superior Court.

On May 18, 2023, the Superior Court of Quebec released its judgment, recognizing the settlement in Quebec. A copy of the judgment in French is here and an unofficial translation in English is here.  As a result, the settlement is now final.

On June 2, 2023, Justice Perell released his decision regarding Class Counsel fees and Class Counsel’s request to recognize Ms. Fresco’s fortitude and work on this case with an honorarium.  Justice Perell awarded Class Counsel 17% of the settlement (net of disbursements) which was slightly more than half of the 30% fee that was provided for in the retainer agreement and declined to award Ms. Fresco any honorarium. To read the Court’s reasons, click here.

Given the significant risks in this case, the decade and a half required to bring it to a successful conclusion and the overall quality of the result, respectfully, Class Counsel disagrees with Justice Perell’s decision on fees and honorarium and has brought an appeal to the Court of Appeal for Ontario to review those two issues.  A copy of the notice of appeal is here. The appeal will likely be determined sometime next year.

The distribution protocol approved by Justice Belobaba contemplated that the distribution of the net settlement funds available would proceed in two stages.  That will still take place, as approved by the Court in an amended distribution order. The first distribution will likely take place sometime this fall and will be based on 70% of the net settlement funds available, as provided for in the original distribution protocol.  The second distribution will take place after the resolution of the appeal and will include the remaining 30% of the net settlement funds, plus any additional money that is the subject of the appeal, that is not granted to Class Counsel. The appeal regarding fees will not delay the first distribution and is unlikely to delay the second distribution.

Experts retained by Class Counsel are currently determining the relative share of Class Members to the net settlement funds, following which the claims process will begin. A detailed notice describing the claims process will be posted to this website and distributed in the next several weeks.

The Zoom coordinates for the hearing are set out below.

Please note that, while the hearing is being conducted by Zoom, it is still an official proceeding in the Ontario Superior Court of Justice and regular courtroom decorum must be followed. To attend the hearing you must:

1. log into the Zoom stream at least 15 minutes before the hearing (10:45 am EST);
2. sign into the Zoom stream with your real first and last names;
3. turn off your camera and mute your microphone; and,
4. do not record the proceeding with any form of recording device.

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To read the materials filed in support of the motions, please click here.

The parties have agreed to settle class actions, launched in 2007, by retail branch employees alleging systemic unpaid overtime.The settlement provides that CIBC will pay a total of $153 million, which will be used to compensate approximately 30,000 class members (current and former front-line retail staff) for unpaid overtime, and also used to pay for legal fees and for the cost of distributing the settlement funds. The settlement must be approved by the Ontario Superior Court before it will become binding. A motion will be brought in February 2023 for approval of the settlement, a plan to distribute the settlement funds and payment of legal fees.

The settlement was reached after 15 years of contested litigation, and months of negotiation, which followed decisions on liability by the Ontario Superior Court and Court of Appeal. The Court left the calculation of compensation and CIBC’s related defences to a further hearing, which will no longer be necessary because of the negotiated settlement.Dara Fresco, the former CIBC Bank teller, who brought this case in 2007, stated that she is pleased with the settlement. “It is good news for the class to have this case finally resolved”, said Ms. Fresco.

“I am very happy that the case is settling. This settlement is a fair compromise that will bring meaningful compensation to thousands of my fellow class members.”Class Counsel stressed that the settlement will provide for a simple and easy method for class members to be paid. “A big advantage of this settlement is that class members will not have to prove their claims, a task that could be challenging in cases where some claims may go back nearly 30 years.” “We believe that this settlement will put more money into more class members’ hands, a lot sooner, than would happen if the case continued to be fought.”

In a ruling today, Ontario’s Court of Appeal has affirmed the Superior Court’s decision that CIBC’s overtime policies are illegal and unenforceable and that the Bank’s deficient record-keeping systems were institutional impediments preventing employees from being properly compensated. The hearing for the determination of damages has been adjourned to February 7 and 8, 2023.

The Ontario Court of Appeal has provided a Zoom link for members of the public who wish to observe the hearing on September 28 and 29th. The hearing will start at 10 a.m. each day.Click on the link below to join the webinar. Please also make sure to read the caution below.

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Please Note:  Unless permission is given by the court, it is an offence under s. 136 of the Courts of Justice Act, R.S.O. 1990, c. C.43, punishable by a fine of not more than $25,000 or imprisonment of up to six months, or both, to record any part of the hearing, including by way of screenshot/capture and photograph, as well as to publish, broadcast, reproduce or disseminate any such recording.

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.