In June of 2007, lawyers from Roy O’Connor LLP and our co-counsel Sack Goldblatt Mitchell LLP (“SGM”) (and now including co-counsel Sotos LLP) launched, on behalf of the proposed representative plaintiff Dara Fresco, a proposed class action lawsuit against CIBC in respect of unpaid overtime. The action is brought on behalf of current and former non-management, non-unionized employees of CIBC in Canada who are or were tellers or other front-line customer service employees (limited to personal bankers, commercial bankers and account executives, working at CIBC retail branch offices across Canada).
Ms. Fresco’s statement of claim alleges that, among other things, CIBC failed to compensate her and the other Class Member for the overtime they were required or permitted to work in excess of their standard working hours. The allegations in the statement of claim have not yet been proven in Court.
Ms. Fresco’s action was certified as a class proceeding in June of 2012. The parties are now at the discovery phase of this litigation and the Plaintiff is working to have this action ready for a trial of the certified common issues as soon as possible. Further updates will be posted on this website as the case develops.
Notice of Certification
To download the court-approved Notice Certification please click one of the links below. Please note that the Opt-Out period closed on May 20, 2014.
Certification Hearing & Appeals
Ms. Fresco moved to have her action certified as a class proceeding in December 2008. In reasons for decision released in June 2009, the Ontario Superior Court of Justice dismissed Ms. Fresco’s certification motion. Ms. Fresco appealed the Court’s decision and her appeal was argued before the Ontario Divisional Court on March 24 and 25, 2010. In reasons for decision released on September 10, 2010, The Divisional Court denied Ms. Fresco’s appeal.
Ms. Fresco appealed the Divisional Court’s decision to the Court of Appeal and in a unanimous decision released on June 26, 2012, the Court of Appeal allowed her appeal and certified her claim as a class proceeding. To view or download the Court of Appeals reasons please click here: Court of Appeal Certification Reasons for Decision Fresco v. CIBC.
In March 2013 the Supreme Court of Canada denied CIBC’s motion for leave to appeal the Court of Appeals Order certifying the action as a class action confirming that this action will proceed to trial as a class proceeding.
More Information/Register as a Class Member
For more information about this action (including to view or download a copy of the statement of claim and/or certification decision) or to register as a class member please visit us on the web at: www.cibcunpaidovertime.ca