Newspaper article The Canadian Press

Class Action for Unpaid Overtime against BMO Nesbitt Burns to Proceed

Newspaper article The Canadian Press

Class Action for Unpaid Overtime against BMO Nesbitt Burns to Proceed

Article excerpt

Nesbitt Burns OT class action to proceed

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TORONTO - A second Ontario court has ruled that a class action by employees seeking compensation for what is alleged to have been unpaid overtime can proceed against BMO Nesbitt Burns.

Lawyers for the plaintiffs said Wednesday that the Ontario Divisional Court earlier this week issued reasons denying BMO Nesbitt Burns leave to appeal an earlier decision certifying the class action.

"The denial of leave to appeal means that the earlier order of Justice (Edward) Belobaba certifying the class action against BMO Nesbitt Burns Inc. stands," a joint statement issued by Koskie Minsky LLP and Eli Karp at Merchant Law said.

Lawyers say the latest class action covers more than 1,500 current and former investment advisers, associate investment advisers and investment adviser trainees employed by Nesbitt Burns since 2002.

The class action claim alleges that Nesbitt Burns, owned by the Bank of Montreal (TSX:BMO), breached its duties to the class members by systematically and improperly denying them overtime. …

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