Certification denied in CIBC eligibility case as court deems class members must have the necessary degree of commonality, says Patricia Jackson in Law Times

Certification Denied in CIBC Eligibility Case

May 07, 2012

Even as the Ontario Court of Appeal ponders the fate of overtime class actions, Justice George Strathy of the Ontario Superior Court of Justice has handed the plaintiffs' bar a major setback with his recent decision denying certification in Brown v. Canadian Imperial Bank of Commerce.

Patricia Jackson, who represented CIBC in Brown, says the decision is important because it debunks the notion that overtime class actions can be readily categorized in terms of their suitability for certification.

"Even though some courts have stated that the eligibility actions are classic cases for certification, Brown demonstrates that this is true only where class members have the necessary degree of commonality," she says. “Strathy went beyond the labels and job descriptions to the evidence and found that the commonality wasn’t there.”

This article was originally posted on the Law Times website.

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