Ontario court refuses to certify class action based on claims of constructive dismissal and breach of ESA
In Kafka v. Allstate Insurance Company of Canada, 2011 ONSC 2305 - which was issued on April 12, 2011 - the Ontario Superior Court of Justice refused to certify a propsed class action that was based on allegations of:
- constructive dismissal; and
- a claim for termination pay and/or severance under the Ontario Employment Standards Act.
The claim pertained to a general announcement letter that Allstate issued on July 24, 2007, to approximately 350 to 450 active agents (employees) in Ontario, advising that effective September 1, 2009 a revised product distribution model and agent compensation system would be implemented. The new model was then phased in from September 1, 2007 through 2009.
The court summarized the issue on the certification motion (application), and its decision, as follows: read more »
Class action claim filed by Denny's employees working in Canada under Temporary Foreign Worker Program
A Notice of Claim under British Columbia's Class Proceeding Act has been filed against Denny's restaurants by employees working in Canada under the Temporary Foreign Workers Program. The employees are originally from the Philippines,
The claim, which covers more than 50 employees, states that Denny's breached the workers' employment contracts by reducing their hours, refusing to pay overtime and failing to pay for their round-trip airfare back to the Philippines.
The Province has a story here: "Filipino workers' class action says Denny's owes $10m" (January 12, 2011).
The Georgia Strait's story is here: "Foreign workers file class-action lawsuit against Denny's restaurants in B.C." (January 11, 2011). read more »
Split three-judge panel of Ontario Divisional Court upholds decision to not certify CIBC overtime class action
In a decision issued on September 10, 2010 - Fresco v. Canadian Imperial Bank of Commerce, 2010 ONSC 4724 - a split three-judge panel of the Ontario Divisional Court upheld the decision of an Ontario Superior Court motion judge to not certify an overtime class action against CIBC.
It looks like the Ontario Divisional Court's decision will now be further appealed to the Ontario Court of Appeal. See this case summary - "Ontario Court Affirms Decision Denying Certification in CIBC Overtime Action" (September 17, 2010) - by law firm Torys.
A class action overtime lawsuit against Scotiabank was certified by the Ontario Superior Court in Fulawka v. Bank of Nova Scotia, 2010 ONSC 1148. The case alleges that some 5,300 sales employees located across Canada are owed overtime going back to 2000. The claim is for $350 million ($250 million in general damages; $100 million in punitive damages).
(Update: A March 30, 2010 commentary on the decision by law firm Fasken Martineau ("The HR Space: BNS Overtime Class Action Certified - Did Employer Policy Create Unworkable "Catch-22"?) can be found here.
A third Canadian banking institution nows finds itself in the cross-hairs of Canadian class action lawyers on the basis of unpaid overtime allegations.
Filed on February 8, 2010, the Rosen v. BMO Nesbitt Burns lawsuit seeks compensation for unpaid overtime for Investment Advisors and Financial Advisers going back to 2002.
The suit was filed in the Ontario Superior Court by Juroviesky and Ricci LLP in Toronto. This firm appears to not be part group of law firms - led by Sack Goldblatt Mitchell LLP and Roy Elliott O'Connor LLP - that are acting for the plaintiffs in the high-profile overtime class actions that have been filed already against CIBC, Scotiabank and CNR.
The claim must be first certified by the court before it proceed as a class action.
The Ontario judge hearing the Scotiabank unpaid overtime class action certification application has reserved his decision, according to this Canadian Press article. (You can read the Statement of Claim here).
The Scotiabank case is the second of the "Big Three" unpaid overtime class action certification appplications to be brought by the same coalition of law firms. read more »
A lawyer in Ontario at Blaney McMurtry LLP has written a paper entitled "Class Action Lawsuits and Employment Law: What You Need to Know".