Paving the Way for Overtime Class Actions

In June 2012, the Ontario Court of Appeal released three decisions regarding the certification of overtime class actions. In each of the three cases, the court revisits the application of the certification test set out in section 5 of the Class Proceedings Act. By reviewing the court’s judgments, this article aims to develop a framework that can be used to enable the certification of overtime class actions. The Ontario Class Proceedings Act was enacted twenty years ago, yet it remains disputable whether the legislation has achieved its intended benefits. Few cases have passed the high certification hurdle and even fewer have been resolved through post-trial judgments. If class actions are ever to become a viable forum for enforcing workers’ rights, courts must strictly observe and vigorously employ the principles established in the overtime trilogy. Ontario is ready for full-fledged class proceedings; it is now up to the judiciary to give the province’s class actions legislation the generous application it deserves.