The appellant, a bank employee, sought to certify a class action against the respondent bank for systemic unpaid overtime.
The motion judge dismissed the certification motion, finding no common issues that would advance the litigation and that the bank's overtime policy requiring pre-approval was lawful under the Canada Labour Code.
The motion judge also awarded $525,000 in costs to the respondent.
The Divisional Court dismissed the appeal, upholding the motion judge's findings that the claims required individual assessments and that the costs award was reasonable.
