TORONTO, June 26, 2012 /CNW/ - The Ontario Court of Appeal released its
decision this morning in two national overtime class actions: Fresco v.
Canadian Imperial Bank of Commerce and Fulawka v. Bank of Nova
Scotia. In unanimous judgments written by Chief Justice Warren
Winkler, the court ruled that both cases should be certified as class
The plaintiffs in both cases were jointly represented by the firms Roy
Elliott O'Connor and Sack Goldblatt Mitchell.
Ms. Fresco, a customer service representative (teller) at CIBC and Ms.
Fulawka a former personal banker at Scotiabank each represented a
class of thousands of employees. Both are gratified at the result and
look forward to having their claims resolved by the court as soon as
Louis Sokolov, co-lead counsel from Sack Goldblatt Mitchell, said
"These decisions are significant for employees across the country and
a rejection of efforts by employers who try and restrict access to the
courts by dividing and conquering."
David O'Connor, co-lead counsel from Roy Elliott O'Connor, said "These
decisions take into account the practical reality of workplaces and the
fact that employees may be quite reluctant to make individual claims
against their employers. These class actions will provide the vehicle
to address those potential claims on their merits. A very good day for
employees and access to justice."
SOURCE Sack Goldblatt Mitchell
For further information:
David O'Connor - (416) 350-2474 Louis Sokolov - (416) 979-6439