Overtime Class Action Against BMO Nesbitt Burns Inc. to Proceed

TORONTO, Dec. 18, 2013 /CNW/ - In Reasons released December 17(th) 2013, Madam 
Justice Sachs of The Divisional Court denied BMO Nesbitt Burns Inc. leave to 
appeal from an earlier decision certifying a class action against Nesbitt 
Burns for overtime compensation. The denial of leave to appeal means that the 
earlier order of Justice Belobaba certifying the class action against BMO 
Nesbitt Burns Inc. stands. 
Class Counsel believe that up to 1,500 current and former Investment Advisors, 
Associate Investment Advisors and Investment Advisor Trainees, employed by 
Nesbitt Burns since 2002, may potentially be class members. 
The class action claim alleges that Nesbitt Burns breached its duties to the 
class members by systematically and improperly denying overtime to the class. 
The allegations have not yet been proven in court. The decision denying leave 
to appeal will allow this case to proceed as a class action. 
Yegal Rosen, a former Investment Advisor with Nesbitt Burns, has been 
appointed as the lead representative plaintiff in the action. Mr. Rosen worked 
as an Investment Advisor for Nesbitt Burns Inc. from 2002-2006. Mr. Rosen 
alleges that during this period he never received overtime compensation, while 
working between 60-80 hours per week. 
This class action follows several other "off the clock" overtime class actions 
by employees in the banking sector. This is the first "misclassification" case 
in this area to be certified as a class action, and with leave to appeal 
denied, this case will now continue. 
 

SOURCE  Koskie Minsky LLP 
Koskie Minsky LLP and Mr. Eli Karp at Merchant Law represent the  plaintiff in 
this action. For more information on this class  proceeding please contact 
Jody Brown at Koskie Minsky LLP at  416-595-2709, or Eli Karp at 416 828 7777, 
or visitwww.kmlaw.ca/nesbittclassaction, or 
E-mailnesbittclassaction@kmlaw.ca. 
To view this news release in HTML formatting, please use the following URL: 
http://www.newswire.ca/en/releases/archive/December2013/18/c5652.html 
CO: Koskie Minsky LLP
ST: Ontario
NI: LAW VERDICTS LAWVIEWS  
-0- Dec/18/2013 21:31 GMT
 
 
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