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.