"Ontario Issues Most Recent Decision on Overtime Pay Class Actions",
International Law Office, July 2011
Date:
July 19 2011
In this article, Norman Emblem and Chloe Snider outline the recent Fulawka decision and discuss some of the important differences between this and the two other overtime pay decisions released this year.
In the past year, in three prominent cases, the Ontario courts have considered whether employee claims for unpaid overtime are suitable to be brought as class actions. The latest decision in this trilogy of cases - the decision of the Ontario Divisional Court in Fulawka v. The Bank of Nova Scotia - was released on June 3 2011. In Fulawka the divisional court upheld the decision of Justice Strathy (of the Superior Court) certifying the employee plaintiff's action for overtime pay as a class action.
This article also includes discussion on:
- Divisional court decision
- Causes of action
- Common issues
- Preferable procedure
Read more by clicking here to view the article on International Law Office's website.