$250M overtime suit against Scotia can proceed

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The Ontario Divisional Court has confirmed a lower court decision that a $250 million class action for overtime brought against the Bank of Nova Scotia (Scotiabank) by 5,000 retail branch employees between 2000 and 2010 can be certified, but further appeals to the Court of Appeal and even the Supreme Court of Canada are likely.

When a class action is certified, a single lawsuit can be brought on behalf of a group of people who are seeking relief in cases that raise common issues. It is much more cost effective for individuals and the courts if multiple, similar claims can be disposed of in a single trial. 

Once the courts permit a class action to proceed, the vast majority are settled before trial and the damages agreed upon are divided up among the members of the class, after legal fees. Therefore, the key battleground is the early application for certification.