Leave to appeal class action certification granted due to conflicting decisions on unpaid overtime claims.
The defendant bank sought leave to appeal a decision certifying a class action for unpaid overtime on behalf of its retail branch employees.
The bank argued that the certification decision conflicted with another recent decision denying certification in a similar overtime class action against a different bank, and that there was good reason to doubt the correctness of the decision.
The Divisional Court granted leave to appeal on both grounds, finding a clear conflict in principle regarding whether systemic duties and implied contractual terms could overcome a lack of commonality, and noting the general public importance of the issues raised.
Fulawka v. The Bank of Nova Scotia, 2010 ONSC 2645
