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Split three-judge panel of Ontario Divisional Court upholds decision to not certify CIBC overtime class action

Jurisdiction: - Canada/Federal

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.

My two posts on the original June 2009 decision by the motions judge can be found here and here.