A national class action against CIBC for unpaid overtime is being appealed to the Ontario Divisional Court, lawyers for the case said Monday.

On June 18, 2009, Ontario Superior Court Justice Joan Lax refused to certify the case as a class action. The court was of the opinion that the claims of the class members were not sufficiently common but, rather, the causes of overtime were individual in nature.

Dara Fresco, the proposed representative plaintiff is asking, on behalf of current and former CIBC employees, that the Divisional Court overturn Justice Lax’s ruling and to certify the case as a class action.

Louis Sokolov, one of Fresco’s lawyers said “Many of the most significant class action decisions in Ontario were initially denied but later reversed on appeal. We believe that there are compelling reasons to certify this case as a class action and are hopeful that the appeal court will do so.”

Fresco’s lawyers are required to file the materials in support of her appeal by the end of August, following which CIBC will have 60 days respond.

IE