The representative plaintiff brought a proposed class action against the defendant bank for unpaid overtime, alleging breach of contract, unjust enrichment, and negligence due to systemic policies requiring pre-approval for overtime and inadequate record-keeping.
The motion judge certified the action, and the Divisional Court upheld the certification.
On appeal, the Court of Appeal upheld the certification of most common issues and agreed that a class proceeding was the preferable procedure.
However, the Court allowed the appeal in part, striking the common issue regarding the aggregate assessment of damages under s. 24(1) of the Class Proceedings Act, finding that damages could not reasonably be calculated without proof by individual class members.
