BMO Nesbitt Burns Overtime Class Action

• December 2, 2016

  Payment of claims is expected to be made by December 19^th, 2016.

• July 25, 2016

  The reasons approving the settlement have now been released and can be read by clicking here. The settlement approval order can be viewed by clicking here, and the fee approval order can be viewed by clicking here.

• July 21, 2016

  The Court has now approved this settlement. To read a copy of the endorsement of Justice Belobaba, click here. The approval order will be posted once available.

• July 18, 2016

  The settlement approval and fee approval hearing in this matter will he held on July 21 at 10:00 a.m., Osgoode Hall, 130 Queen Street West, Courtroom #5. You can read the factum of Class Counsel by clicking here, and the motion record of Class Counsel by clicking here. You can read the motion record of BMO by clicking here.

• June 21, 2016

  The notice of the proposed settlement in this case has now been distributed. To read a copy of the notice for people who worked between January 1, 2002 and January 26, 2015, click here. To read a copy of the notice for people who were only hired after January 26, 2015, click here.

• April 26, 2016

  There is a proposed settlement in this class action. Notice of the proposed settlement, including details of the proposed settlement, will be distributed the week of June 13, 2016. To read a copy of the court order regarding notice, click here.

• January 12, 2016

  The parties will be attending a mediation on January 20-21.

• November 6, 2015

  The parties have a mediation scheduled to occur on January 20-21, 2016.

• July 6, 2015

  The opt out period for this class action has closed. This means that if you did not submit an opt out form and you meet the class definition, you are automatically included in this class action.

• June 3, 2015

  The defendant is in the process of making rolling production of documents as part of the discovery process. Examinations for discovery are scheduled to occur in November.

• May 14, 2015

  Notice has now been distributed to the class. To read a copy of the long form notice, click here. A publication concerning the class action will also be made in the Globe and Mail.

• March 24, 2015

  The defendant has delivered their first round of productions in accordance with the discovery timetable. The second round of productions is due to be delivered on April 20, 2015.

• January 30, 2015

  The parties have set a timetable for the discovery steps in the lawsuit and the production of documents. To view the timetable, click here.

• December 8, 2014

  The parties are meeting and preparing documents for production as part of the discovery process in this case.

• February 19, 2014

  The parties have set a schedule for steps to be taken up to the end of discoveries. To read the timetable, click here.

• December 18, 2013

  The Divisional Court has denied Nesbitt Burn’s motion for leave to appeal from the certification decision of Justice Belobaba. This means that this case will continue as a class action. To read the decision of the Court as to why Nesbitt should not be allowed to appeal, click here.

• November 25, 2013

  The hearing to determine whether the defendant is allowed to appeal the certification decision in this case will be held on November 28th in court room 9 at Osgoode Hall in Toronto (130 Queen St W).

• October 18, 2013

  The defendant has sought leave to appeal the certification of this class action. This means the defendant does not have an automatic right of appeal, but is asking the court to hear an appeal of the certification decision. The hearing on the defendant’s motion for leave to appeal will be heard November 28th, 2013 in Toronto.

• August 20, 2013

  This case has been certified as a class action, to read the reasons granting certification, click here.

• July 24, 2013

  A decision on the certification motion is expected to be received by September.

• June 18, 2013

  The plaintiff and defendant have both made supplementary submissions to the Court regarding certification of this action as a class action. When a decision is made regarding certification, it will be posted.

• May 27, 2013

  The certification motion in this action was concluded on April 5th, 2013. A decision in this action is anticipated to be received in June.

• April 10, 2013

  The certification motion in this action was concluded on April 5th, 2013. A decision in this action is anticipated to be received in late May or early June.

• March 4, 2013

  The certification motion in this action was partially heard on February 12-14 in Toronto. The hearing of the motion will continue on April 5, 2013 in Toronto

• January 16, 2013

  The certification motion in this case will be heard on February 12-14 in Toronto. The certification motion will decide whether this case should be a class action.

• October 12, 2012

  The cross-examinations on affidavits served for the certification motion are continuing and will conclude by November 13, 2012.

• March 29, 2012

  The Plaintiff has served their Reply Motion Record on the Defendant. The next step in this action is cross-examinations on the affidavits that have been served and filed. The certification motion is scheduled to be heard February 12-14, 2013, in Toronto.

• February 17, 2012

  The Plaintiff is preparing reply material to respond to the Defendant’s Responding Record on the certification motion. After the Plaintiff’s reply is completed, the parties will schedule cross-examinations on the sworn affidavits each side has submitted. A date for the certification motion has not been scheduled.

• November 3, 2011

  The Defendant has served their Responding Motion Record for the Certification Motion. The Plaintiff now has an opportunity to submit reply material.

• October 14, 2011

  The Defendant is now expected to deliver its responding materials by October 20, 2011.

• August 30, 2011

  The Defendant is expected to deliver their responding materials by September 2, 2011.

• July 26, 2011

  The Defendant is expected to deliver their responding materials by August 19, 2011.

• April 27, 2011

  The parties agree to a timetable for the remaining steps until the certification motion. The Defendant’s responding materials are due August 19, 2011, Plaintiff’s reply materials, if any, by October 31, 2011, cross examination of the parties’ witnesses to be completed by December 15, 2011 with the certification motion scheduled to be heard in early April 2012 depending on the court’s availability.

• March 15, 2011

  The Class Proceedings Fund grants funding for this action to the representative Plaintiff.

• January 31, 2011

  The Plaintiff files its supplementary materials in support of the certification motion.

• February 8, 2010

  The Statement of Claim was issued.

Show All

• July 21, 2016 Settlement Approval Reasons
• July 21, 2016 Settlement Approval Order
• July 21, 2016 Fee Approval Order
• July 18, 2016 Motion Record of Class Counsel
• July 18, 2016 Factum of Class Counsel
• July 18, 2016 Motion Record of BMO
• July 12, 2016 Settlement Agreement
• June 21, 2016 Notice - people who were hired after January 26, 2015
• June 21, 2016 Notice - people who worked between January 1, 2002 and January 26, 2015
• April 29, 2016 Order
• May 14, 2015 Long Form Notice
• May 7, 2015 Opt Out Form
• January 30, 2015 Discovery Timetable
• March 27, 2014 Statement of Defence
• February 19, 2014 Timetable to End of Discoveries
• December 17, 2013 Reasons for Decision
• August 20, 2013 Certification Decision
• August 20, 2013 Certification Order
• February 15, 2011 Fresh as Amended Statement of Claim
• February 8, 2010 Statement of Claim

What is a class action?

A class action is a lawsuit which provides a method for a large group of people with common claims to join together to advance one large claim. Class actions are a more efficient and cost-effective way for groups of people with common claims to gain access to the legal system and seek justice.

What does certification mean?

In order for an action to proceed as a class action, the court must determine whether it is appropriate for the case to be treated as a class action. Some of the factors the courts consider are the extent to which the claims of the class members are common, and whether a class action is preferable to other methods (such as individual actions) of advancing the issues. The decision as to whether a class action should be certified takes place at a certification hearing and is decided by a judge. If certified, a representative plaintiff will advance the action on behalf of all of the class members.

How do I know if I am a Class Member?

The certification order will always contain a description of who is a class member. We post the certification orders in our actions so that you can review them. You do not need to “sign up” to become involved in a class action. If you are included in the class description, you are automatically a class member who will be affected by the outcome of the class action unless you decide to “opt out”.

Are Class Members notified of the certification of the class proceeding?

Yes. After the claim has been certified, the court will authorize notice to be given to the members of the class.

Can I opt out of a class action and pursue independent legal action?

Yes. When a class action is certified, class members are always given an opportunity to opt out of the action. A deadline is imposed for opting out. If you do not opt out by the given deadline, class members will be bound by the outcome of the class action, whether it is successful or unsuccessful. If you opt out, you will not receive any benefit if the action is successful.

Will there be any cost to class members for legal fees?

Typically, class actions are handled on a contingency fee basis, which means that the class action lawyers will be paid only if the class action is successful at trial or settled. In that case, class counsel fees may be paid by the defendants or out of the settlement or judgment proceeds as approved by the court. In addition, the plaintiff may seek funding assistance from the Class Proceeding Fund which, if funding is granted, may provide funding for disbursements.

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