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

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thelawofwork David J. Doorey🇨🇦 @TheLawofWork@mas.to @thelawofwork ·
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Off to Vancouver folks. Please be sunny.

David J. Doorey🇨🇦 @TheLawofWork@mas.to @TheLawofWork

Speaking of middle aged guys who talk about Labour Law, I’m returning to my old stopping grounds in beautiful Vancouver later this month!

Thanks to @AllardLaw & @SFU_LBST for the invitation.

Hope to see you there, or join on-line:

https://www.sfu.ca/labour/community/news-events/news-2023/mapping-the-future-of-canadian-labour-law-lecture-by-dr--david-d.html

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thelawofwork David J. Doorey🇨🇦 @TheLawofWork@mas.to @thelawofwork ·
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Pitching @Uber as a ‘green’ company is some next level shit.

Uber Canada @Uber_Canada

UberX Share provides a greener way to get from A to B, by moving more people with fewer cars. Now available in Toronto, Vancouver, and Montreal.

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thelawofwork David J. Doorey🇨🇦 @TheLawofWork@mas.to @thelawofwork ·
16h

For me, this simple little case brings into focus the most important issues for future of Canadian labour law.

What does it mean to say workers have freedom to associate when they can be fired for associating?

Should law protect nonunion workers’ right to strike? How so? …

David J. Doorey🇨🇦 @TheLawofWork@mas.to @TheLawofWork

Was reading a decision again in which a group of daycare workers selected a spokesperson to raise employment related concerns with boss.

She was fired.

Workers struck in solidarity. They too were fired.

Did you know that no Canadian law protects these workers from dismissal?

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