Bell Canada Indexation of Pension Plan Class Action

• February 26, 2020

  We are pleased to report that the Court of Appeal unanimously reversed the judgment of Justice Morgan and granted the plaintiff summary judgment. To view the decision please click here.

  The defendants may seek leave to appeal to the Supreme Court.

• January 8, 2020

  The appeal has been scheduled for February 5, 2020 at the Court of Appeal at 130 Queen St W, Toronto, ON M5H 2N5 at 10:00 am. Class members’ attendance is encouraged.

• September 26, 2019

  Summary judgment was granted to the Bell defendants. A copy of the decision is available here. The Plaintiff has appealed. The date for the hearing of the appeal has not been set yet.

• August 12, 2019

  The hearing of the motion for summary judgment has concluded. The parties are waiting on the judge’s decision.

• February 15, 2019

  The motions for summary judgment and certification are now proceeding on
  July 9-10.

• February 3, 2019

  The plaintiff has moved for summary judgment, which motion will be heard together with the certification motion on April 24 and 25, 2019.

• August 8, 2018

  Justice Glustein has scheduled the plaintiff’s certification motion in this matter to be heard on April 24 and 25, 2019.

• January 17, 2018

  The Statement of Claim has been issued in this matter. A copy is available here.

Show All

• February 26, 2020 Decision
• December 13, 2018 Reply Motion Record of the Plaintiff
• December 13, 2018 Motion Record of the Responding Defendant Oct 31 2018
• August 8, 2018 02 Reasons of Glustein to deny OSFI stay motion June 29 2018
• August 8, 2018 Motion Record of the Plaintiff (Certification & Summary Judgment) volume 2 of 2
• August 8, 2018 Motion Record of the Plaintiff (Certification & Summary Judgment) volume 1 of 2
• January 16, 2018 Statement of Claim

What is a class action?

A class action is a lawsuit which provides a method for a large group of people with common claims to join together to advance one large claim. Class actions are a more efficient and cost-effective way for groups of people with common claims to gain access to the legal system and seek justice.

What does certification mean?

In order for an action to proceed as a class action, the court must determine whether it is appropriate for the case to be treated as a class action. Some of the factors the courts consider are the extent to which the claims of the class members are common, and whether a class action is preferable to other methods (such as individual actions) of advancing the issues. The decision as to whether a class action should be certified takes place at a certification hearing and is decided by a judge. If certified, a representative plaintiff will advance the action on behalf of all of the class members.

How do I know if I am a Class Member?

The certification order will always contain a description of who is a class member. We post the certification orders in our actions so that you can review them. You do not need to “sign up” to become involved in a class action. If you are included in the class description, you are automatically a class member who will be affected by the outcome of the class action unless you decide to “opt out”.

Are Class Members notified of the certification of the class proceeding?

Yes. After the claim has been certified, the court will authorize notice to be given to the members of the class.

Can I opt out of a class action and pursue independent legal action?

Yes. When a class action is certified, class members are always given an opportunity to opt out of the action. A deadline is imposed for opting out. If you do not opt out by the given deadline, class members will be bound by the outcome of the class action, whether it is successful or unsuccessful. If you opt out, you will not receive any benefit if the action is successful.

Will there be any cost to class members for legal fees?

Typically, class actions are handled on a contingency fee basis, which means that the class action lawyers will be paid only if the class action is successful at trial or settled. In that case, class counsel fees may be paid by the defendants or out of the settlement or judgment proceeds as approved by the court. In addition, the plaintiff may seek funding assistance from the Class Proceeding Fund which, if funding is granted, may provide funding for disbursements.

I still have questions…

Please feel to contact us by using the contact information on this site.

Email: bellcanadaclassaction@kmlaw.ca

Tollfree: 1 866 777 6307