Steven M. Barrett

This decision concerns the approval of a $30 million settlement in a class action alleging that major junior hockey players were employees entitled to minimum wage and other benefits.

The court approved the settlement, finding it fair, reasonable, and in the best interests of the class, given the high litigation risks and uncertain legal landscape.

The court also approved Class Counsel's fees but declined to approve honoraria for the representative plaintiffs, reiterating that such awards should be rare and reserved for exceptional contributions.

The Canadian Imperial Bank of Commerce appealed three lower court decisions in a class action initiated by Dara Fresco on behalf of 31,000 customer service employees.

The class action alleged that the Bank's overtime policies and record-keeping practices led to uncompensated overtime, contrary to the Canada Labour Code.

The Court of Appeal for Ontario dismissed all three appeals.

It upheld the motion judge's interpretation of "permitted" overtime under s. 174 of the Code, affirming that the Bank's policies and record-keeping were "institutional impediments" to proper compensation.

The Court also confirmed the certification of aggregate damages, ruling that the Supreme Court's Pro-Sys decision allowed the trial judge to reconsider this issue despite a previous refusal at certification.

Finally, the Court upheld the motion judge's decision to defer a class-wide limitations order and a constitutional question regarding the extra-territorial application of the Class Proceedings Act, deeming them premature.

This decision addresses cross-motions for summary judgment on damages issues in a class action for unpaid overtime.

The court previously found the defendant bank liable for breaching federal labour law regarding overtime.

In this stage, the court considered common issues related to unjust enrichment, remedies, and punitive damages, and crucially, whether to add aggregate damages as a common issue.

The court found that while the defendant was enriched, restitutionary relief was not available due to the breach of contract claim.

Punitive damages were denied as the bank's conduct, though careless, did not meet the "malicious, oppressive and high-handed" standard.

Most significantly, the court certified aggregate damages as a new common issue, finding a "reasonable possibility" that the plaintiff's proposed methodology, based on time-stamped computer data, could determine damages without individual proof, despite previous appellate court reservations about sampling.

The determination of the final aggregate damages quantum was adjourned pending expert reports and data access.

The province enacted Bill 5, reducing Toronto wards from 47 to 25, mid-municipal election.

Applicants challenged its constitutionality.

The court found Bill 5 violated candidates' and voters' freedom of expression under s. 2(b) of the Charter, as it substantially interfered with campaign communication and denied effective representation due to increased ward sizes.

The violation was not justified under s. 1, as the legislative objectives (better decision-making, voter parity) were not pressing and substantial enough to warrant mid-election implementation, nor was minimal impairment demonstrated.

The impugned provisions were declared unconstitutional and set aside, requiring the election to proceed with 47 wards.