Hydro One Class Action
This is a consumer class action that alleges that systematic problems arose as a result of Hydro One’s faulty design, administration and management of Hydro One’s new billing and administrative system. On or around May 2013, Hydro One installed a new billing and account management system. Immediately, systematic problems arose as a result of Hydro One’s faulty design, administration and management of this new system: (a) tens of thousands of customers stopped receiving bills; (b) others only received bills based on estimates for long periods, later receiving massive “catch-up” bills; (c) many customers had large sums of money withdrawn automatically by Hydro One from their bank accounts without notice or explanation; and (d) thousands of accounts were affected by billing and administrative errors, including by bills that did not reflect the electricity consumed by Hydro One’s customers.
Koskie Minsky LLP and Lax O’Sullivan Lisus Gottlieb LLP represent the proposed representative plaintiff in this action.
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Latest Developments
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March 12, 2019
The Court of Appeal denied leave to hear the plaintiff’s appeal of the order dismissing his motion for certification. This action is now concluded.
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December 31, 2018
The Divisional Court dismissed the plaintiff’s appeal of the order dismissing the motion for certification. A copy of the decision is available here.
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October 16, 2018
The appeal was heard and the panel took the decision under reserve.
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February 26, 2018
The appeal of the order denying the plaintiff’s motion for certification has been scheduled for October 16, 2018.
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November 27, 2017
The plaintiff’s motion for certification was dismissed. A copy of Justice Perell’s decision is available here.
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October 30, 2017
The motion for certification was rescheduled to be heard on November 20 and 24, 2017.
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June 26, 2017
The hearing of the motion for certification was rescheduled for November 9 and 10, 2017.
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April 21, 2017
The Defendants have filed their responding factum on certification. A copy is available here.
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March 3, 2017
The Plaintiff has filed its factum for certification. A copy is available here.
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February 2, 2017
The plaintiff has filed his reply motion record and cross-examinations are now complete. A copy of the reply motion record is available here.
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October 21, 2016
The Defendants have filed their responding motion record on certification. A copy is available here.
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April 18, 2016
The proposed representative plaintiff has delivered his motion record for certification. A copy of the motion record for certification is available here.
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March 28, 2016
The hearing for the motion for certification has been rescheduled to May 8 – 11, 2017.
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January 14, 2016
The hearing for the motion for certification has been scheduled for February 2017.
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September 9, 2015
The Statement of Claim was issued.
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July 24, 2015
A Notice of Action was issued in this matter.
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March 12, 2019
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Documents
- April 13, 2017 Responding Factum (Certification Motion)
- March 3, 2017 Factum of the Plaintiff
- October 19, 2016 Responding Motion Record Volume I
- October 19, 2016 Responding Motion Record Volume II
- October 19, 2016 Responding Motion Record Volume II
- April 18, 2016 Certification Motion Record - Volume 1 of 4
- April 18, 2016 Certification Motion Record - Volume 2 of 4
- April 18, 2016 Certification Motion Record - Volume 3 of 4
- April 18, 2016 Certification Motion Record - Volume 4 of 4
- September 9, 2015 Statement of Claim
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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.
I still have questions…
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