The Ontario Superior Court of Justice has dismissed the appeal of a decision that stalled a class action suit against CIBC claiming compensation for unpaid overtime.

In June 2009, a motion court judge dismissed the effort to certify a class action on behalf of about 31,000 tellers and customer service reps against CIBC ruling that “the action lacked the essential element of commonality”. The suit sought seeking $600 million in damages.

That ruling was appealed, and, according to the Superior Court’s decision, the main issues of the appeal were “whether the motion judge erred in failing to find that there were common issues that would advance the proceeding and in rejecting the appellant’s argument as to the illegality of the bank’s overtime policy.”

The Superior Court turned down the appeal in a majority opinion, with one of three judges dissenting.

IE