As reported in the Globe and Mail, the Ontario Superior Court of Justice has refused to certify an unpaid overtime class action lawsuit brought by the employees of Canadian Imperial Bank Commerce (CIBC). The suit alleged that CIBC's overtime policy violated the overtime provisions in the Canada Labour Code.

According to the article, "...the Ontario Superior Court ruled that the facts surrounding overtime complaints at CIBC were too 'individualized' to qualify or be certified as a class action lawsuit."

The article further notes that similar overtime class action lawsuits have been filed by employees at Scotiabank and the Canadian National Railway Co., with the respective class action certification hearings pending.

The decision be read here. The Statement of Claim can be read here. 

Law in BC

Notably, the BC Court of Appeal addressed overtime class actions recently in BC in Macaraeg v. E Care Contact Centers Ltd., 2008 BCCA 182.

In that case, the Court held that the courts do not have jurisdiction to hear overtime claims in a civil action, if the claim is based on the overtime provisions in the Employment Standards Act. The Supreme Court of Canada refused to grant leave to appeal. This decision effectively precludes the possibility of a class action overtime claim proceeding.