Making sense of overtime class actions (Legal view)

CIBC, Scotiabank lawsuits similar – so why was one certified and one thrown out?

The Ontario Superior Court of Justice’s February 2010 certification of a class-action lawsuit against Scotiabank for unpaid employee overtime in Fulawka v. Bank of Nova Scotia may have left some observers a little puzzled. It came less than one year after the same court refused to certify a similar class action against CIBC in Fresco v. Canadian Imperial Bank of Commerce.

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