Lang J.A.

The appellants appealed a decision of the Superior Court of Justice.

The Court of Appeal found that the motions judge's reasons were inadequate to determine the Limitations Act issue.

However, the Court dismissed the appeal on the basis that the action was misconceived, as it had to be brought as a derivative action and no leave was obtained.

The appellant appealed the dismissal of a motion to certify a class action on behalf of CIBC customer service employees for unpaid overtime.

The motion judge and Divisional Court had found it plain and obvious that CIBC's policy requiring pre-approval for overtime complied with the Canada Labour Code, and that individual issues predominated.

The Court of Appeal allowed the appeal, holding that it was arguable the pre-approval requirement violated the Code's mandate to pay for overtime 'required or permitted' by the employer.

The Court also found some basis in fact that CIBC's systemic practices breached employment contracts, satisfying the common issues requirement for certification.

The appellant bank appealed an order enforcing a settlement under Rule 49.09.

The motion judge had concluded that the parties agreed to a reduced mortgage payout of $357,000 based on two letters between counsel.

The Court of Appeal allowed the appeal, finding that the motion judge made a reversible error by failing to read the correspondence in the context of the entire negotiation history.

An objective reading of the full correspondence demonstrated there was no meeting of the minds on the essential term of the mortgage payout amount, and therefore no settlement was reached.