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Scotiabank loses (again) in its bid to stop employee class action lawsuit

by David Doorey June 16, 2011
written by David Doorey June 16, 2011

The Ontario Divisional Court has dismissed the latest attempt by Scotiabank to prevent some 5000 of its employees from moving forward with a class action lawsuit for unpaid overtime.  I’ve reported on this case before. The decision relates only to the question of whether the employees can proceed as a class–in one lawsuit rather than 5000 individual lawsuits or claims.  So far, the issue of whether Scotiabank has violated the Canada Labour Code hasn’t even been looked at.  Now Scotiabank is heading to the Ontario Court of Appeal, and from there the case will likely end up at the Supreme Court of Canada.
When you are as rich as Scotiabank, you can drag out employment law cases for years and years.  I haven’t yet read the Divisional Court decision, but here it is, thanks to our friends at Sack Goldblatt Mitchell.

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David Doorey

Professor Doorey is an Associate Professor of Work Law and Industrial Relations at York University. He is Academic Director of Osgoode Hall Law School’s executive LLM Program in Labour and Employment Law and a Senior Research Associate at Harvard Law School’s Labor and Worklife Program. Professor Doorey is a graduate of Osgoode Hall Law School (LL.B., Ph.D), London School of Economics (LLM Labour Law), and the University of Toronto (B.A., M.I.R.).

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David J. Doorey🇨🇦Follow

Law Prof. Talking #labor & #employment #law to the masses. Alpaca ❤️ @YorkUniversity @OsgoodeNews @LSELaw @LWPHarvard @Jacobin @OnLaborBlog https://t.co/5V9r8VPHsh

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TheLawofWorkDavid J. Doorey🇨🇦@TheLawofWork·
10h

Well, more gravy for employment lawyers to keep arguing this silly point.

The court deciding not to dispose of the main issue everyone wants clarified is one of those matters that is impossible to explain to a non-lawyer. Contrary to normal common sense.

Sean Bawden@SeanBawden

@TheLawofWork Decides not to answer the question everyone wanted it to answer. Resolves appeal on basis of appropriateness using R. 21 to bring motion before the ONSC.

Boo.

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TheLawofWorkDavid J. Doorey🇨🇦@TheLawofWork·
10h

What did OCA decide? I was doing this instead.

Link to decision?

Sean Bawden@SeanBawden

The ONCA's decision in Taylor today is like scratching a lottery ticket that proclaims "winner every time," only to reveal "try again."

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TheLawofWorkDavid J. Doorey🇨🇦@TheLawofWork·
15h

This should be an interesting program, joint program in #climate and #labour offered by U of Toronto and U of Montreal through @CRIMT2013

I’ll be speaking in Toronto on just transitions and the law. Still time to register.

http://www.crimt.net/en/eess2022_programme/

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