The appellant appealed the dismissal of a certification motion for a proposed class action against a car rental company.
The proposed class consisted of branch managers who alleged they were misclassified as managers and improperly denied overtime pay.
The Divisional Court dismissed the appeal, upholding the motion judge's findings that the claims lacked sufficient commonality due to the substantial variability in the job functions and duties actually performed by the proposed class members across different branch locations.
The court also upheld the motion judge's refusal to certify aggregate damages and the finding that British Columbia class members had no cause of action.
