Bell ExpressVu – (DeWolf v. Bell ExpressVu Inc. and Bell ExpressVu L.P.)
This class proceeding concerns alleged illegal interest charges in relation to Bell ExpressVu services. When an account goes unpaid for a specified number of days, Bell ExpressVu charges subscribers a fixed late fee together with interest. The Plaintiff alleges that both these charges constitute interest and together exceed the maximum rate permitted by the Criminal Code (an effective annual rate of 60 per cent).
The class of persons that the action represents is detailed in the Certification Order, below. Generally, it is comprised of persons who were charged a late payment fee by Bell ExpressVu and who paid that fee between January 1, 2003 and February 6, 2008.
Koskie Minsky LLP and Doane & Young LLP are representing the Plaintiff in this action.
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Latest Developments
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March 25, 2010
The Supreme Court of Canada denied the application for leave to appeal the judgment of the Court of Appeal for Ontario. As a result, this action is now completed.
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November 10, 2009
The Plaintiff filed his application for leave to appeal the decision of the Court of Appeal for Ontario to the Supreme Court of Canada.
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September 11, 2009
Appeal of the partial summary judgment of the Honourable Justice J. Perell granted by the Court of Appeal for Ontario. The Plaintiff intends to seek leave to appeal the decision to the Supreme Court of Canada.
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April 29, 2009
Appeal heard of the decision of the Honourable Mr. Justice Perell granting partial summary judgment. The Court of Appeal has reserved its decision for a future date.
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February 5, 2009
A protocol for discoveries was approved at a case conference on February 5, 2009.
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September 15, 2008
The Honourable Mr. Justice Perell grants partial summary judgment holding that that the late payment fee constituted “interest” within the meaning of s.347 of the Criminal Code. While an important determination for the action, the action is not yet resolved, and no determination has been made to return or reverse late fee charges. An appeal of the decision of the Honourable Mr. Justice Perell is scheduled to be heard on April 29, 2009.
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June 30, 2008
The deadline to opt out of the action expired.
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April 2, 2008
This action was certified as a class proceeding by Order of the Honourable Mr. Justice Perell dated April 2, 2008.
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March 25, 2010
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Documents
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FAQS
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.
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