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Appeal court decision not in our favour
April 04, 2016
By Celia Sankar
Appeal of Bell Mobility Class Action
The Ontario Court of Appeal ruled today that Bell Mobility was entitled to seize funds in its customers’ prepaid wireless accounts, and therefore is not required to refund those sums.
As the lead plaintiff representing over one million Ontario consumers who are seeking $200 million in damages in this class action, I must say this is a huge disappointment for consumers.
The lawsuit, which was started in May, 2012, focused on the cash that consumers deposit into prepaid accounts with Bell in order to purchase wireless services from Bell Mobility, Virgin Mobile Canada and Solo Mobile.
It was prompted by Bell’s action of displaying messages on consumers’ phones and online accounts advising consumers to add more funds to the accounts by a so-called expiry date in order to preserve the account balances, and then seizing the balances before the end of the designated expiry date.
The appeal was heard by a three-member panel, which included Ontario Chief Justice George Strathy, Justice Harry S. LaForme, and Justice Grant Huscroft.
Check back, soon, for a more detailed analysis of the decision.
In the meantime, the court’s ruling may be viewed here.