John Field

The representative plaintiff brought a motion for summary judgment on the liability common issues in a class action for unpaid overtime on behalf of customer service employees of the defendant bank.

The court found that the bank's overtime policies, which required pre-approval, and its failure to record actual hours worked, violated the Canada Labour Code.

The court concluded that the bank permitted uncompensated overtime by failing to prevent it, thereby breaching its statutory and contractual duties to the class members.

The plaintiff sought to certify a class action against the defendants for alleged unpaid overtime wages, arguing that the defendants misapplied a road building exemption to employees working at permanent asphalt facilities.

The Superior Court of Justice dismissed the certification motion, finding that the plaintiff failed to meet the evidentiary burden under section 5(1) of the Class Proceedings Act.

Specifically, the plaintiff provided no evidence of any other employee in the same circumstances, failed to establish common issues that would not require highly individualized assessments, and failed to demonstrate that a class action was the preferable procedure compared to Small Claims Court or Employment Standards Act remedies.

Furthermore, the plaintiff failed to produce a workable litigation plan.