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BNS UNPAID OVERTIME CLASS ACTION


Case Name:


Fulawka v. The Bank of Nova Scotia


Court:


Ontario Superior Court of Justice


Date Filed:


December 10, 2007


Class Members:


Current and former non-management, non-unionized employees of Scotiabank who are or were personal bankers or other front-line customer service employees (limited to personal bankers, commercial bankers and account executives) working at Scotiabank retail branches across Canada.


Co-counsel:


Louis Sokolov
Sack Goldblatt Mitchell LLP (“SGM”)

R. Douglas Elliott
Roy Elliott O’Connor LLP (“REO”)

A class action has been commenced against the Bank of Nova Scotia (“Scotiabank”) for its failure to pay employees for overtime worked in excess of standard working hours. Class Members will be represented by Cindy Fulawka, a Scotiabank personal banker who worked for Scotiabank for almost 20 years in various branches in Saskatchewan and Ontario. 

In order to assist Scotiabank employees across Canada, SGM and REO are working with the following Canadian law firms;

Camp Fiorante Matthews (British Columbia);

Chivers Carpenter Lawyers (Alberta);

Selnes, Kapoor & Klimm (Saskatchewan),

Myers Weinberg LLP (Manitoba);

Melançon, Marceau, Grenier and Sciortino LLP (Quebec);
Pink Breen Larkin (Atlantic Canada).

A website has also been set up at www.unpaidovertime.ca.  Current and potential Class Members can obtain additional information and updates through the website, or by telephone at 1-888-687-2431.

LITIGATION UPDATE

February 19, 2010

Justice Strathy released his Reasons for Decision in favour of the plaintiff and the class.  The matter was certified.  Click here to read the decision.

February 26, 2010

The Bank of Nova Scotia is appealing the Decision of Justice Strathy made February 19, 2010.  The Appeal is set to be heard December 1, 2010 - December 3, 2010.

For more information please contact Lise Carmichael,  Paralegal.

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