March 18, 2016 - Revised Settlement approved by the Superior Court
March 18, 2016 - The Ontario Superior Court of Justice has released its reasons approving the Revised Settlement (there is a link to the Court's reasons in the "Important Information" column to the right).
Class members who did not make a claim or whose claim was paid in full are not affected by the Revised Settlement and will not receive any (additional) compensation under the Revised Settlement.
The Revised Settlement covers approximately 1600 class members (the “claimants”) whose claims were rejected or partially reduced by the Bank. The Revised Settlement takes a more streamlined approach to claims than the original settlement, and is aimed at avoiding further delays and risks for the claimants.
The Revised Settlement gives these 1,600 claimants a percentage of their eligible claim. The percentages to be paid out range from a payout of 25% to 100%, with higher percentages being paid out on the lower total dollar value claims (as detailed in the Judge’s reasons for decision). As a result, the Bank will have to pay $20.6 million more than it has already paid out.
Claimants do not need to submit any additional forms or documentation or take any additional steps to participate in the Revised Settlement. In particular, claimants are no longer required to pursue an appeal (and the appeal process has been extinguished).
If you are one of the 1600 claimants whose claims were rejected or partially reduced by the Bank, please make sure that class counsel have your current address (You can call 1-888-687-2431).
February 17, 2016 - Notice of Hearing for Approvel of Proposed Revised Settlement. Approval hearing to be held on March 3rd, 2016.
January 20, 2016 - Settlement Update
January 20, 2016 - As we have noted previously (see below), the Plaintiff was bringing a motion to challenge the claims handling process of the Bank in the context of the settlement of this overtime class action. The Bank was bringing a motion to extend the deadline by which it was to have responded to individual class member claims. The written materials for the motions were prepared and served (including extensive materials served by the Plaintiff (counsel for the Plaintiff and Class)). In December 2015 the parties engaged in a mediation (meetings to explore the possibility of settling the motions) before a retired judge and experienced mediator. At the conclusion of that mediation the parties reached a tentative agreement which must be presented to the presiding judge (Justice Belobaba) for approval. The motion for approval of the tentative agreement is scheduled to proceed in Toronto on March 3, 2015. In advance of any such motion, copies of the tentative agreement and other material supporting the settlement will be made available to the class members. It is also expected that a specific notice will be sent in the next few weeks to each class member who may be affected by the new proposed settlement agreement. Class members will have an opportunity to provide comments on the new proposed settlement agreement, which comments will be shared with the Defendant and the Court. We will update this website further after the Court has reviewed and approved the official notice of the proposed revised settlement.
Hearing of Plaintiff’s Motion to Review Claims Process, the Bank’s Motion for an Extension of the Claims Processing Deadline & Suspension of the Claims Appeal Deadline
In response to, among other things, a higher than anticipated number of potential appeals from class members, the Plaintiff has identified some potential issues with the Bank’s claims handling processes. The Plaintiff will, on a date to be set by the Court, bring a motion to the Class Action Case Management Judge to address those issues. The Plaintiff may seek a variety of relief aimed at, among other things, simplifying the appeals process.
The Bank did not, further to paragraph 25 of the court-approved claims process, respond to all claimants by November 28, 2014. The Bank has moved for an extension of that deadline and its motion will be heard at the same time as the Plaintiff’s motion to address any issues arising in the administration of this settlement. The date of those motions will be posted on this website as soon as they are scheduled by the Court.
By order of the Class Action Case Management Judge the 30-day appeal period and prescribed reply period in paragraphs 29 and 30 of the Claims Process Document is suspended until further order of the Court. To view or download a copy of Justice Belobaba’s endorsement suspending the appeal period please click here.
Overtime Class Action Settlement Approved
Cindy Fulawka and her counsel at the law firms of Roy O’Connor LLP, Sack Goldblatt Mitchell LLP and Sotos LLP are pleased to announce that the settlement in this action was approved by the Ontario Superior Court of Justice on August 12, 2014.
Summary of Key Settlement Terms
- Under the settlement current and former employees within the Class will be invited and encouraged to submit claims for any unpaid overtime that was required or permitted by the Bank, regardless of whether it was approved at the time by a manager or not.
- The Claims period will go back as many as 13 years (depending on the limitation period in the Province or territory where the work was performed).
- The claims will be made through a streamlined process, without the need for documentary evidence, and initially evaluated by Scotiabank with a subsequent right to appeal to an independent arbitrator if any class member is not satisfied with the Scotiabank’s review.
- Scotiabank has also committed to ensuring that any Class member who submits a claim will not be subject to any retaliation or adverse consequences, and to instruct its managers and supervisors not to discuss any claims for unpaid overtime with those Class members who may make a claim.
- The settlement provides that there will be no cost to Class Members to make a claim.
- The lawyers for the plaintiff will be paid directly by Scotiabank. Class Members are not required to pay any fees. The amount of Class Counsel’s fees, disbursements and taxes was arbitrated by a recently retired former justice of the Ontario Court of Appeal.
- The Plaintiff has been granted funding and indemnification from an adverse costs award and funding from the Class Proceedings Fund (“CPF”) and the CPF is entitled by law to a levy on any settlement funds.
Notice of Settlement Approval - To view or download a copy of the Court-approved Notice of Settlement Approval please click here (PDF).
Claims Form - To view or download a copy of the Court-approved claims form please click here (DOCX).
Avis d'approbation - Pour consulter ou télécharger une copie de l'avis d'approbation du règlement Court-approevd s'il vous plaît cliquez ici (PDF).
Formulair de Reclamation - Pour consulter ou télécharger une version française du formulaire de réclamation approuvé par la cour, s'il vous plaît cliquez ici (DOCX).