The partners of Roy O’Connor are honoured with the 2023 Benchmark Litigation awards for:
We are also honoured that Peter Roy was again recognized as a top 50 Trial Lawyer by Benchmark this year and that each partner was recognized as a Litigation Star in class actions and commercial litigation.
Today, the Ontario Superior Court of Justice issued reasons for judgment in the long-running unpaid overtime class action lawsuit against Canadian Imperial Bank of Commerce (CIBC). The Court ruled in favour of the class of approximately 31,000 current and former tellers, personal bankers and other front-line workers in retail branches across Canada, finding that CIBC breached its overtime obligations to the Class.
The law firms of Roy O’Connor LLP, Sotos LLP and Goldblatt Partners LLP represent the Class Members in this action.
The class action lawsuit (Dara Fresco v Canadian Imperial Bank of Commerce) was initially launched in 2007, and was the first class action brought in Canada against the overtime policies and procedures of a major Canadian corporation.
In ruling in favour of the Plaintiff Dara Fresco and the Class Members, Justice Edward Belobaba found that, among other things:
“…CIBC was careless and indifferent, indeed negligent, about its obligation to comply with the requirements of the [Canada Labour] Code. I can also find that the bank should have known better. It is a multi-billion-dollar financial institution with an able legal staff that can easily advise on the requirements of federal labour law. For some reason this didn’t happen. The bank dropped the ball, to be sure.“
Justice Belobaba found that the Bank’s overtime policies and hours-of-work recording practices were unlawful, were system-wide in nature and impeded class member overtime claims. His Honour also found that the Bank “must be found to have permitted (or not prevented) all uncompensated hours of the class members”.
A request has been made to the Department of Justice in the Hep-C matter to transfer surplus funds from the 86/90 settlement to the Pre-86/Post-90 settlement. Click the attached to review the request and position paper.
Following a hearing in the Ontario Superior Court of Justice on June 21, 2019, the Class Action Case Management Judge approved the $19 million settlement, proposed distribution protocol and class counsel fee request in this class action.
Class Members who are current employees of Livingston will automatically receive their compensation. If you are a class member who is a former employee of Livingston you can now ask for your share of the settlement.
You must ask for your share of the settlement by October 15, 2019, otherwise you cannot get any money from the settlement.
To complete a settlement payment form online, please go to: www.livingstonintlclassaction.ca.
You can also complete and mail in a settlement payment form, but it must be received by no later than October 15, 2019. To download a copy of the form, please visit www.livingstonintlclassaction.ca.
The claims program for Settlement Class Members with eligible 3.0L vehicles commenced on May 8, 2018. The settlement website is now active and can be found at at www.VWCanadaSettlement.ca
A request has been made to the Department of Justice in the Hep-C matter to transfer surplus funds from the 86/90 settlement to the Pre-86/Post-90 settlement. Click the attached to review the request and position paper.
On March 6, 2017, Roy O’Connor LLP issued a proposed class action lawsuit on behalf of a proposed representative plaintiff against medical marijuana producer Mettrum Ltd.
The lawsuit alleges that Mettrum Ltd used unauthorized pest control products in the production of some of its medical marijuana products between September 2014 and November 2016. The lawsuit seeks millions in damages for the proposed class of individuals who purchased the affected products.
A class action case management judge has been assigned to oversee this case and a certification hearing has been scheduled for May 13, 2019.
For more information please contact:
James Katsuras
Tel: 416-362-1989
Toll Free: 1-888-330-8815
Email: jk@royoconnor.ca
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Roy O’Connor LLP was once again recognized with one of the prestigious Benchmark Litigation Plaintiff Firm of the Year award for 2017. Roy O’Connor LLP previously won the Plaintiff’s Firm of the Year award in 2013 and 2015.
Sean Grayson of Roy O’Connor LLP, together with Robert Spiegel of Stikeman Keeley Spiegel LLP, were successful in obtaining a Revocation Order from the OSC for Good Mining Exploration Inc. dated January 11, 2017, in respect of a cease trade order that had been in place since June 22, 2015. The News Release from the OSC can be viewed here: January 12, 2017 News Release.