Lauri Reesor

Class counsel sought approval of a $44 million contingency fee following a $153 million settlement in an unpaid overtime class action against CIBC.

The court found the requested fee, representing 30% of the settlement, to be excessive and potentially champertous given the megafund nature of the settlement.

The court approved a reduced fee of $25 million (17% of the settlement), finding it provided fair compensation for the risks undertaken while protecting the integrity of the profession.

The court also denied the representative plaintiff's request for a $30,000 honorarium, finding her involvement was not extraordinary enough to justify the award.

In a national class action for unpaid overtime, the defendant bank brought a motion for a class-wide limitations order to time-bar claims falling outside provincial limitation periods.

The court dismissed the motion, finding that the reasonable discoverability of the claims—specifically whether taking legal action was appropriate—required individualized assessments.

Evidence of power imbalances, fear of reprisal, and reasonable reliance on the bank's misrepresentations rebutted the statutory presumption of discoverability on a class-wide basis.

The plaintiff's cross-motion to strike the limitations defence entirely was also dismissed.

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.

In a proposed overtime misclassification class action against a financial institution and its affiliate, the plaintiffs brought a motion to compel answers to refusals and undertakings arising from cross‑examinations on affidavits filed for an upcoming certification motion.

The court balanced the need for a full evidentiary record against the proximity of the certification hearing and the burden of additional production.

Requests for a third‑party inspection of the defendants’ human resources system and certain historical records were refused as disproportionate or unnecessary at the certification stage.

However, several questions concerning the duties of investment advisors, associate investment advisors, and the rationale for overtime eligibility policies were ordered answered because they related to class definition and commonality issues.

Other questions relating to merits issues, irrelevant job descriptions, or hypothetical inquiries were not compelled.