Bell Mobility Class Action
Update – October 9, 2025:
Liability discoveries have now concluded. The Plaintiffs elected to conduct damages discovery in writing.
On July 21, 2023, Bell brought a motion to amend the Certification Order to dismiss the claims of the business customers on the basis that the claims of the business customers are statute-barred. In the alternative, Bell sought an Order establishing a sub-class for the business customers and an Order requiring that a separate representative plaintiff be appointed for the business sub-class, should one be required. Justice Morgan dismissed Bell’s motion on November 3, 2023.
In order to succeed on its motion to amend the Certification Order, Bell was required to establish that new issues of fact or law had arisen since certification. Justice Morgan determined that Bell had not established that new issues had arisen that would justify an amendment to the Certification Order. Justice Morgan stated that “since certification in 2014, nothing has changed with respect to this claim – except, that is, for Defendant’s counsel. He noted that it was “obvious that Defendant’s current counsel have come on board with new perspectives on the case, resulting in new arguments that are insightful but, for the reasons that follow, mistimed.”
Justice Morgan concluded that Bell could have advance the same arguments it advanced on its motion at certification, however, “the Certification Decision declined to enter that terrain, and nothing has changed since that time. Consideration of the Defendant’s limitation defense has been put off to a time when the common issues have been answered and a record can be built in a fulsome way to address discoverability and other limitation issues. “
Justice Morgan also declined to grant Bell’s request to create a sub-class for business customers with their own representative plaintiff. He noted that contrary to Bell’s assertion, creating an additional subclass would be counter-productive, and inefficient. You can read Justice Morgan’s full decision here.
The Plaintiffs have delivered their trial record and are waiting to receive answers to several of the Plaintiffs’ follow up questions arising from Bell’s answers to the Plaintiffs’ damages discovery questions.
and the Defendants in a class action against TELUS concerning TELUS’s undisclosed practice of rounding calls up to the farthest minute, have brought a joint motion asking the court to Order that the Bell class action and the TELUS class action be heard together.
The Defendants’ motion will be argued before Justice Morgan on November 3, 2025. Depending on Justice Morgan’s determination on the Defendants’ motion, a date for a summary judgment motion or trial in Bell will be scheduled accordingly.
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A class action against Bell Mobility has been allowed to proceed by the Ontario Superior Court, on behalf of Bell Mobility customers between August 18, 2006 and October 1, 2009 whose wireless calls were rounded up to the next full minute (the “rounding up practice”).
The action alleges that this billing practice constituted a breach of contract and consumer protection legislation. The allegations raised in the proceedings have not yet been proven in court and the court has not made any decision about the merits of the case – rather that it can move forward as a class action to trial. Bell Mobility denies that it acted in breach of contract or consumer protection legislation and that it has any liability.
The Class Members:
If you were a Bell Mobility customer between August 18, 2006 and October 1, 2009, you may be eligible to receive compensation in the event of a judgment against Bell Mobility.
Your Options:
1. If you wish to exclude yourself from the class action and not be bound by subsequent orders you can opt out. If you opt out, you will not be able to participate in the class action. RicePont Administration Inc. must receive your completed opt-out form by April 30,2017. Completed forms can be sent by email to [email protected]; or by mail to:
PO Box 444
Toronto Station A
Toronto, ON M5W 4B1
2. Do nothing. Class Members are automatically included in the class action and need not do anything at this time if they wish to participate. Class Members will be bound by all orders in the action and are not able to bring or maintain any other claim or legal proceeding against Bell Mobility in relation to the rounding up practice.
Important Dates:
– Opt-Out Deadline: April 30, 2017
Downloads:
Class members are advised that the representative plaintiff in this action has received financial support from the Class Proceedings Fund. There will consequently be a levy that reduces the amount of any award or settlement funds to which the class members may become entitled, in the amount of (a) any financial support paid by the Class Proceedings Fund, plus (b) 10 per cent of the amount of any award or settlement funds. (See Class Proceedings, s. 8(4), O. Reg. 771/92)
Page last updated: 2017-02-24–19:09