The Ontario Divisional Court has dismissed the appeal of the Bank of Nova Scotia (Scotiabank) seeking to overturn the certification of an overtime class action brought on behalf of employees of Scotiabank branches who worked as Personal Banking Officers, Senior Personal Banking Officers, Financial Advisors and Account Managers Small Business. The 3 member panel of the Court found that the motion judge applied the correct test to all of the causes of action asserted; correctly certified the common issues with respect to which Scotiabank appealed; and, correctly found that a class proceeding was the preferable procedure to resolve the Class Members' claims pursuant to the Class Proceedings Act. For more information on this story see this article in The Globe and Mail.
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