On September 22, 2011 Siskinds filed a proposed class proceeding against Bell Canada, Bell Mobility Inc. and Bell ExpressVu Limited Partnership (“Bell”) on behalf of all persons in Canada (excluding Quebec) who remained, or became, Bell customers between December 2007 and June 2011. The claim alleges that between December 2007 and June 2011 Bell marketed and sold certain services at an advertised price that was, in reality, not available to consumers. This class action was stayed due to a class action being authorized in Quebec.
Siskinds Desmeules, the Quebec firm affiliated with Siskinds LLP, works closely with another law firm, Paquette Gadler Inc., who filed the class action on June 29, 2011.
This Class action has been certified for clients who remained or became Bell Canada and/or Bell ExpressVu customers by subscribing to traditional landline services and/or Internet services and/or television services between December 1, 2007 and June 29, 2011.
It is alleged that Bell has commercialized and sold services at a higher price than announced in its advertisement, services that were not available to justify mandatory additional fees, or by a door-to-door salesperson.
A settlement has been approved in this case. For more information about it, please read the Developments section below.
Developments
On June 29, 2011, the law firm Paquette Gadler Inc filed the class action for Quebec's members. On September 22, 2011, Siskinds LLP filed the class action in Ontario for all Canadian members, excluding Quebec's members.
On July 20, 2012, both law firms joined forces, to work on the action filed in Quebec and changed the definition of the Group to include a national class (Canada including Quebec). Please click here to see the modified application.
On June 9, 2014, a class action was authorized in Quebec for a national group composed of the customers who subscribed to services (home phone, Internet, TV) of Bell between December 1, 2007 and June 29, 2011 and have allegedly paid different fees than those mentioned (advertisement or door-to-door visit). Please click here to see the judgment.
On June 16, 2015, the originating application for damages against Bell was filed. This application was amended on March 24, 2016. Please click here to see the amended originating application (in French only).
On November 25, 2015, the superior Court of Quebec modified the definition of the group. The national group was divided into two distinct groups, define as follows:
Any individual in Canada who subscribed to the wireline telephone, Internet and/or television services (the "Services") of Bell Canada and/or Bell ExpressVu Limited Partnership as a result of a door-to-door visit between December 1, 2007 and June 29, 2011 inclusively, and who was billed at rates higher than those indicated for the Services;
and
Any individual in Canada who subscribed to the wireline telephone, Internet and/or television services (the "Services") of Bell Canada and/or Bell ExpressVu Limited Partnership because of an advertisement between December 1, 2007 and June 29, 2011 inclusively, and who was charged additional mandatory charges such as Touch-Tone, Internet modem rental, MSN Premium Service, network access, digital service, HD receiver rental for PVR Fibe TV and/or long distance network connection.
Please click here to see the decision modifying the group (in French only).
On March 31, 2017, Bell filed its brief statement of defense. Please click here to see the brief (in French only).
Several examinations were held in the context of this class action. Bell's examination took place in October 2020 and February 2021.
A mediation took place in April 2024.
Settlement Agreement
The Plaintiff and the Defendants have executed a Settlement Agreement providing for the settlement of the Action. To read the Settlement Agreement, click here.
The Settlement provides for the payment by Bell in the amount of $2,970,000, to be divided equally amongst Class Members who subscribed to Bell’s Services between December 1, 2007 and June 29, 2011, and who were Bell Customers from that time to the Distribution Date (“Credit Eligible Class Members”). Credit Eligible Class Members will receive a one-time price reduction on their monthly invoice in the form of a credit to their Bell account, subject to Court Approval. In addition to the payments to Credit-Eligible Class members, Bell will pay an additional $550,000 to four Charity Organizations, also subject to Court Approval. Please refer to the Notice of National Settlement for further information available here.
Class members wishing to object to the settlement could do so by submitting an objection form no later than October 11, 2024.
The Superior Court of Quebec held a hearing to approve the settlement agreement and class counsel fees on October 24, 2024.
Following this hearing, the Superior Court of Quebec approved the settlement agreement by judgment dated October 28, 2024, available here.
In view of this judgment, on October 30, 2024, the Ontario Superior Court of Justice approved the discontinuance of the Ontario action by judgment available here.
FAQs
What is a class action?
A class action is a lawsuit that is brought by one or more person on behalf of a larger group of people whose claims share common legal and/or factual issues. Class actions provide a cost-effective way for groups of people with common interests to pursue a legal claim.
What does “certification” mean?
Certification is the motion where the court determines whether the action can properly be pursued as a class action. The court will consider factors such as whether the claims of the class members raise common legal and/or factual issues and whether a class action is the preferable method of pursuing the claims (as opposed to other methods, such as individual actions).
Do I have to pay anything to participate in the class action?
Class action lawyers are usually paid on a contingency basis. This means that class counsel are only paid if successful. Class counsel are paid a percentage of any settlement or court award. Class counsel fees are subject to court approval.
Can I join the class action?
There are no steps required to “join” the class action. Unless you opted-out (excluded yourself from the class action), assuming you fall within the scope of the class definition, you are automatically included in the class action.
Can I exclude myself from the class action?
The deadline to opt out of this class action was on July 15, 2016. Please click here to see the Notice.
I still have a question. Who should I contact?
If you have any other questions, please complete the contact form below.
Documents
Order of discontinuance of the Ontario action and endorsment - October 30, 2024
Order approving the National Settlement Agreement - October 28, 2024 (French only)
Amended Originating Application - March 24, 2016 (French only)
Long-Form Notice to Members [English] [French]
Judgment modifying the Class - November 25, 2015 (French only)
Judgement authorizing the class action - June 9, 2014 (French only)
Modified Application for authorization to institute a class action - July 20, 2012 (French Only)