A class action was approved by the Superior Court against Bell Canada for contract termination fees for television and internet services.
This is Bell customers who paid a termination fee of 1 st January 2009 to 31 January 2010, and who were represented in two other collective actions, as well as those who paid such fees from 1 st February 2010 as at June 30, 2013. The Applicants believe that these fees imposed to terminate an agreement with Bell were “abusive and disproportionate” and that “the right to unilaterally terminate a service contract is a prerogative of the customer”.
Their appeal was allowed last Tuesday. This was the third attempt by law firms BG Lawyer and BGA to have this class action against Bell approved.
In previous cases, the courts had given the go-ahead for lawsuits on termination charges for Bell’s wireline telephony, but those for television and the internet had been dropped. Class action petitions were then re-lodged in the courts for the latter two services, but the limitation periods – the time-limits for asserting rights – had been exceeded.
However, BG Lawyer and BGA convinced Justice Steve Reimnitz of the Quebec Superior Court, who ruled on Tuesday that these limitation periods did not apply, since the plaintiffs believed these cases had been considered by the courts. which suspended the prescription.
“I’m very proud to have won, even if I’m disappointed that I did not get it before. At the judicial level, it is very unusual, “said lawyer Benoît Gamache, BG Lawyer, speaking of the arguments he has invoked.
In January, a judge should be chosen to hear the case in order to decide whether Bell’s cancellation fees for the Internet and television were acceptable or not.