The appellants appealed a decision denying certification of a proposed class proceeding against CIBC and CIBC World Markets for alleged misclassification of employees making them ineligible for overtime.
The Divisional Court dismissed the appeal, finding that despite an amended class definition, the issue of eligibility for overtime for Investment Advisors and Associate Investment Advisors required individual, case-by-case determinations regarding their managerial or supervisory functions.
The appellants failed to establish a basis in fact that the job functions were sufficiently similar to be resolved as a common issue.
