Scotiabank loses class action appeal

New December 6, 2011 The appeals in this matter was heard by the Ontario Court of Appeal (Winkler C.J.O., Lang and Watt JJ.A.) on November 30 and December 1 and 2, 2011. The Court of Appeal reserved its decision. October 19, 2011 The court granted the Bank of Nova Scotia’s motion for leave to appeal and recommended that it be heard alongside the class action with respect to unpaid overtime in the Fresco v. CIBC matter (www.cibcunpaidovertime.ca), which is currently scheduled to be heard November 30 and December 1, 2011. June 29, 2011 Scotiabank is appealing the decision of the Divisional Court and has served a notice of motion for leave to appeal to the Ontario Court of Appeal. June 3, 2011 The Court released its decision and dismissed Scotiabank’s appeal. December 4, 2010 Scotiabank's appeal of the order certifying this case as a class action was heard by the Divisional Court on December 1 to 3, 2010. The Court has reserved its decision. June 30, 2010 The appeal hearing has been scheduled to be heard on Wednesday, December 1, 2010 through Friday, December 3, 2010. February 26, 2010 The Bank of Nova Scotia is appealing the Decision in favour of certification made by Justice Strathy on February 19, 2010. February 19, 2010 Justice Strathy released his Reasons for Decision in favour of the plaintiff and the class. The action has been certified. Click here to read the decision.

Contact a member of the national legal team in your province SGM and REO are working with a national legal team to ensure the most effective representation possible for the proposed class. Click here to contact a member of the national team in your province. IMPORTANT NOTE Members of the legal team have been retained by the proposed representative plaintiff to pursue this action as a class proceeding. Their retainer is limited to issues which apply to the class as a whole. Unless you have a written retainer agreement with a member of the legal team, no member of the legal team has taken on the responsibility to advise you with respect to your individual circumstances, including whether or not you should participate in this class action.

TORONTO--Friday, Jun 03, 2011--In December 2007, Cindy Fulawka filed a class action lawsuit against the Bank of Nova Scotia alleging that she and other front-line sales employees were routinely required to work outside their scheduled hours, without pay, in order to fulfill the demands of their jobs.

On Febuary 19, 2010, Justice Strathy granted Ms. Fulawka's motion for certification. Justice Strathy found that there was evidence that the failure to pay overtime was attributable to systemic conditions at Scotiabank, and that a class action was the preferable procedure for resolving the claims of the class.

Scotiabank appealed the order for certification to the Divisional Court and the appeal was argued in December 2010.

On June 3, 2011, the Divisional Court dismissed the appeal, finding that Justice Strathy had applied the correct tests in assessing the causes of action asserted in the statement of claim, that he had correctly concluded that there was an evidentiary basis to certify the common issues raised in class action and that he had correctly concluded that a class action was the preferable procedure for resolving the claims of the class.

You can read the Divisional Court's decision here.

The plaintiff was represented by SGM's Louis Sokolov and Steven Barrett, and their co-counsel David O'Connor and Adam Dewar of Roy Elliot O'Connor.

Class action commenced against Scotiabank: seeking compensation for alleged unpaid overtime hours

The law firms of Sack Goldblatt Mitchell LLP ("SGM") and Roy Elliott O’Connor LLP (“REO”) are counsel in a proposed class action commenced in Toronto, Ontario on December 10, 2007 seeking compensation for alleged unpaid overtime hours worked by current and former non-management, non-unionized employees of Scotiabank in Canada who are or were front-line customer service personal banking and small business banking employees employed at Scotiabank retail branch offices across Canada (the "Class Members"). The details of the action are set out in the statement of claim.

Cindy Fulawka, first Scotiabank personal banker spearheading action

The lawsuit alleges that Scotiabank failed to compensate the Class Members for the overtime they have worked in excess of their standard working hours. The statement of claim alleges that the Class Members are required to work overtime and that Scotiabank fails to pay for the overtime work. The allegations in the statement of claim have not been proven in Court. No statement of defence has yet been filed by Scotiabank .

SGM and REO are working with a national legal team to ensure the most effective representation possible. The legal team will seek to have the lawsuit certified as a class action. If the case is certified by the court, all persons who fit the class definition will automatically be included in the class unless they choose to opt out.

If you are a Class Member and you wish to obtain more information about this lawsuit from time to time, please complete the online registration form. Your information will be held in strict confidence, and will only be released as required by law or as you may consent.

By completing the form, you are simply asking to be sent further information concerning this lawsuit and its status from time to time. You are not retaining SGM or REO. You are not assuming any obligation to participate in the class, nor are you assuming any obligation to pay legal fees. You do not need to complete the form to be a member of the class.

While SGM, REO, and/or other members of the national legal team will attempt to keep you informed of the progress of this lawsuit, any information posted from time to time on this website and any other information provided to you by members of the legal team (by e-mail, phone or otherwise) do not constitute formal notice under the Class Proceedings Act. Court approved notices under the Class Proceedings Act will be clearly marked as such.

The information on this website is general in nature, and may or may not apply to your individual circumstances. Nothing on this website and no information otherwise provided to you about the status of the lawsuit by SGM, REO or other members of the national legal team should be taken as legal advice with respect to your individual situation. SGM, REO and other members of the legal team will not be liable for any person’s reliance on any such information.

Nothing in this website is intended to influence a person who has already retained another lawyer in respect of overtime issues to change his or her lawyer in respect of those issues. If you have already retained a lawyer to represent you in respect of overtime issues, you should deal directly with that lawyer.

For further information concerning this action, please call 1-888-687-2431 or email unpaidovertime@sgmlaw.com. Updates concerning this action will be posted on this website.