The Court-approved Notice of Proposed Settlement can be viewed or downloaded here.  

The settlement agreement was reached in the context of multi-year settlement mediation sessions (that were conducted first by a retired judge from the Court of Appeal and more recently by the former Chief Justice of the Court of Appeal), and after various court hearings and decisions, the exchange of relevant documents by the parties, the plaintiffs completed any examinations for discovery of the Defendants, and the scheduling of a summary judgment motion for last fall.

The settlement agreement is subject to review by the Court at a Settlement Approval Hearing scheduled to take place by video or virtual hearing (Zoom) on April10, 2026.    If the Court determines that the settlement proposed in the executed agreement is fair, reasonable and in the best interests of the Class, the Court will approve the settlement agreement and it will become final and binding on the parties (including the Class members).   If and when the settlement is approved and becomes binding, the $10 million settlement funds will be distributed in accordance with the terms of the agreement and a distribution plan that must also to be approved by the Court.

Class Counsel has proposed a distribution plan that would involve a third-party Adjudicator independently evaluating the damages claimed by or on behalf of each Class Member.  The Adjudicator will have to be approved by the Court, and will have experience reviewing, evaluating and valuing claims for damages.  Under that proposed distribution plan, once the Adjudicator completes the evaluation of all of the Class Members’ damages, the net settlement funds available (after the deduction of court-approved costs, disbursements, levies and other expenses from the $10 million), will be paid out proportionately based on the Adjudicator’s evaluation of each of the damage claims made by or on behalf of each of the Class Members.

Please click here more information about this class action and proposed settlement.

Questions About this Proposed Settlement 

For more information about this action please contact Jack Stebbing at:

Email: mallinfo@royoconnor.ca

Tel: 1-888-330-8815

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• Plaintiff Firm of the Year;
• National Impact Case (Fresco v CIBC);  and,
• Plaintiff Litigator of the Year (David O’Connor).

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.

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The settlement provides that CIBC will pay a total of $153 million, which will be used to compensate approximately 30,000 class members (current and former front-line retail staff) for unpaid overtime, and also used to pay for legal fees and for the cost of distributing the settlement funds. The settlement must be approved by the Ontario Superior Court before it will become binding. A motion will be brought in February 2023 for approval of the settlement, a plan to distribute the settlement funds and payment of legal fees.

The settlement was reached after 15 years of contested litigation, and months of negotiation, which followed decisions on liability by the Ontario Superior Court and Court of Appeal. The Court left the calculation of compensation and CIBC’s related defences to a further hearing, which will no longer be necessary because of the negotiated settlement.

Dara Fresco, the former CIBC Bank teller, who brought this case in 2007, stated that she is pleased with the settlement. “It is good news for the class to have this case finally resolved”, said Ms. Fresco. “I am very happy that the case is settling. This settlement is a fair compromise that will bring meaningful compensation to thousands of my fellow class members.”

Class Counsel stressed that the settlement will provide for a simple and easy method for class members to be paid. “A big advantage of this settlement is that class members will not have to prove their claims, a task that could be challenging in cases where some claims may go back nearly 30 years.” “We believe that this settlement will put more money into more class members’ hands, a lot sooner, than would happen if the case continued to be fought.”

For more information please see: www.cibcunpaidovertime.ca

For further information: Jody Brown, 416-453-9050, jbrown@goldblattpartners.com; David O’Connor, 416-350-2474, dfo@royoconnor.ca; Louis Sokolov, 416-572-7316, lsokolov@sotos.ca

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The suit was brought forward by Ms. Leigh Cunningham, a former RBC Dominion Securities investment advisor, who earned commission payments. The class action alleges that the commissioned investment advisors and their associates and assistants were improperly underpaid when the company failed to pay additional vacation and statutory holiday pay on top of their commissions or variable income. Under the relevant provincial legislation, employers are obligated to pay vacation and public holiday pay on all wages earned, including variable income such as commissions. Employers are also required to record and report the calculation and payment of vacation and public holiday pay for employees. The lawsuit contends that RBC Dominion Securities failed to do so.

“I am very pleased with this favourable decision”, says Ms. Cunningham. “The decision is an important step in the proceeding and provides access to justice for the entire class of employees. I am eager to move the case forward to the next phase”.

Co-lead O’Connor, Daniel Lublin and Stephen Moreau noted that, “On a general level, many employers in Canada may fail to comply with various provisions of employment standards legislation, including vacation and holiday pay requirements, with the effect that workers simply may not be receiving the compensation they are entitled to under the law.”

Class counsel added that, “The certification of this class action sets the stage for the Court to subsequently examine the particular vacation and holiday pay practices at RBC DS and specifically determine whether the DS employee class members have or have not been properly paid vacation and holiday pay on their commission or variable wages. Any subsequent decision from the Court on the merits of the allegations in the Claim, which have not been tested or proven in court, may also provide some valuable guidance for many other employers and employees about vacation and holiday pay on commissions or variable income more generally.

“Class counsel further added that, “The certification of this action is a procedural decision that allows this case to proceed as a class proceeding on behalf of all of the class member employees. As noted in the certification decision itself, the decision to certify the case does not amount to any determination of the merits of the underlying allegations or certified common issues. No allegations or claims referred to above or otherwise set out in the Statement of Claim have been proven in Court. As part of the next phase of this action, the Court will consider and  whether any allegations are proven or not, and whether any vacation and holiday pay has already been paid or may still owing to the class members. RBC DS resisted the request to certify the case as a class action and, in that context, asserted that it has paid all vacation and holiday pay owing on commission income. It is expected that RBC DS will maintain that position, and otherwise deny and contest the allegations against it, as the case now moves from the certification stage and into a determination of the merits of the underlying allegations and common issues.

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The complete article can be found at:  https://www.lexpert.ca/special-editions/litigation/lexperts-top-10-business-decisions-of-20212022/371590

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Roy O’Connor LLP is lead counsel in this proposed Canada-wide class action lawsuit against Volkswagen A.G. and a number of its subsidiaries regarding the alleged manipulation of emissions data in a number of 2.0L and 3.0L turbo diesel engines sold under the Volkswagen and Audi brand names.

This proposed class action seeks compensation for Canadians, largely purchasers or lessees who sold or returned their affected vehicles before the emissions issue became public, that did not receive compensation under the existing class action settlements. This action also seeks compensation  for other groups excluded from the existing settlements.

For more information about this proposed class action please click here or contact Roy O’Connor LLP at:

Email: info@royoconnor.ca
Tel: 416-362-1989

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 The Divisional Court’s decision, as well as the decision below provide important commentary and direction on the scope of financial advisors’ duties to their clients as well as on threshold certification issues.

According to the Divisional Court:

“The goal of the imposition of fiduciary duties is to protect a relationship the law recognizes as one of high trust and confidence, based on the implicit dependency and vulnerability to another. With the recognition of the relationship comes the imposition of proscriptive duties, notably the no-profit rule and the no-conflict rules, as well as the prescriptive duties of good faith and confidence. But duties of good faith, care, confidentiality, and disclosure apply to a variety of non-fiduciaries as well. As the motion judge set out, the fiduciary standard is exceptional. Other legal concepts which may apply – protection in contract, tort, and unjust enrichment – are available to regulate the conduct alleged here, albeit not on a class, but an individual basis. While the MFDA rules and the FP Code are a part of the analysis, they are not the whole of the analysis.

For these reasons, the appeal is dismissed.”

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David O’Connor and Adam Dewar (partners at Roy O’Connor LLP), who have been acting for the successful class members throughout the case, welcomed the decision and an opportunity now to proceed to the damages phase of the case

Dara Fresco, a former CIBC Bank teller, and class counsel brought this case in 2007.  For the past 15 years, the Bank has vigorously opposed the claims by the employee class, first by arguing that the case should not proceed as a class action and then by arguing that the case should be dismissed on the merits.

In a series of judgments in 2020, Justice Belobaba decided in favour of a class of approximately 35,000 retail bank employees, and ruled that the Bank’s overtime policies and hours-of-work recording practices were unlawful and systemic impediments to compensable claims for overtime pay.  In extensive reasons, released today, a unanimous panel of the Court of Appeal agreed with Justice Belobaba.  A further hearing is scheduled before Justice Belobaba on September 28, 2022 to determine the question of damages for unpaid hours.

“I’m gratified by the Court’s decision today,” said Ms. Fresco. “CIBC has made enormous profits off the labour of hard-working retail bank employees. Fifteen years is a very long time to wait to be paid what we are owed. My hope is that the Bank’s executives take the Court’s decision to heart and pay what it owes without further delay.”

The Class is represented by Roy O’Connor LLP, Goldblatt Partners LLP, and Sotos LLP.

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In 2020 the parties reached a proposed settlement in this action. In reasons for decision released on December 23, 2020 the settlement was approved by the Ontario Superior Court of Justice. The settlement was subsequently approved by the Superior Court of Quebec.

The period for making a claim for compensation under the settlement is now open.  Eligible Class Members can make a claim at the link below:

www.vwfueleconomysettlement.ca

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In reasons for decision released on January 25, 2021 the Ontario Superior Court of Justice approved the settlement as being in the best interests of the class members. The settlement will implemented later this year.

Under the now-approved settlement class members will automatically be  eligible to recover a portion of the purchase price paid for the products subject to the action.  Under the settlement agreement, a total of $6.95 million is payable by the Company, inclusive of all fees, expenses and taxes.  The settlement does not involve any admission or finding of liability or wrongdoing on the part of the Company.

Further details about the settlement are available at www.mettrumclassaction.ca.

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