ScotiaBank loses appeal
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.