Judges

• WWatt J.A.
• WWinkler C.J.O.
• LLang J.A.

Counsel

• Respondent
  LLauri A. Reesor
• Applicant
  LLouis Sokolov
• Respondent
  SStuart Svonkin
• Respondent
  JJohn C. Field
• Applicant
  SSteven Barrett
• Respondent
  PPatricia D.S. Jackson
• Applicant
  DDerek McKay

Parties

• Canadian Imperial Bank of Commercerespondent
• Frescoapplicant

Areas of Law

Fact Patterns

Expert Witnesses

• Professor Judy FudgeProfessorovertime practices in federally regulated industriesRetained by: applicant
• Dr. Graham LoweDr.overtime practices in federally regulated industriesRetained by: applicant

Financial Outcomes

Damages claimed

$600,000,000

Issues

1. Whether the motion judge erred in determining that it is plain and obvious that CIBC's overtime policy complies with the Canada Labour Code.→ granted — the motion judge erred; it is arguable the policy violates the Code
2. Whether the motion judge erred in finding there are no common issues that would significantly advance the litigation.→ granted — there is some basis in fact for the common issues concerning liability
3. Whether the motion judge erred in refusing to admit and consider other relevant evidence.→ not resolved — unnecessary to decide given the resolution of the first two issues