Unpaid Overtime (CIBC)
This case alleges that CIBC unlawfully failed to pay its employees for overtime work that they were routinely required or permitted to perform to complete the common duties of their positions.
The defendant CIBC is a major Canadian bank.
The defendant’s overtime policy required employees to obtain management approval of overtime hours in advance. The plaintiff alleges that this policy served as an institutional barrier to claims for overtime that would otherwise have been compensable.
The case has been certified by the court as a class action.
You are automatically included in the class if you are or were a full-time or part-time CSR, assistant branch manager, FSR, FSA, branch ambassador or other front-line customer service employee working in CIBC’s retail branches across Canada since 1993.
See Updates section on this page for recent developments in the case.
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- November 30, 2017: The Superior Court adjourned the plaintiff’s motion until after she has cross-examined CIBC’s affiant on his affidavit of documents
- November 7, 2017: The Ontario Superior Court is scheduled to hear a motion on November 30, 2017, to decide if CIBC has failed to produce relevant documents and if CIBC should produce those documents.
- October 23, 2017: The Plaintiff’s motion for summary judgment has been adjourned to a later date, to be determined, pending the resolution of certain issues regarding CIBC’s non-production of relevant documents.
- March 7, 2017:A motion for Summary Judgment to decide some or all of the common issues will be heard on August 29 to September 1, 2017 at Osgoode Hall, 130 Queen Street West, Toronto, Ontario.
- February 6, 2014: The Ontario Superior Court of Justice has ordered that members of the CIBC class be given notice of certification. Copies of the short form noticeand the long form notice can be seen here. Any member of the class who wishes to opt out of the class action must do so before May 30, 2014. A copy of the opt-out form can be found at the end of the long form notice.
- March 21, 2013:Supreme Court denies CIBC and Scotiabank leave to appeal.
- June 26, 2012:Ontario Court of Appeal holds bank class actions may proceed.
Notice to Class
Court decisions and orders