Bell Mobility Class Action

Class Action Website

www.perminuteclassaction.com

The Claims

A class action against Bell Mobility, certified 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

All persons resident in Canada who, at any time during the Class Period (August 18, 2006 to October 1, 2009) were customers of the Services on either a Pre-Paid Plan or a Monthly Plan offered by Bell Mobility (a “Plan”), excluding any customers who were billed by the second during the entire Class Period.

The Consumer Sub-Class, which is defined as “all Class Members who are ‘consumers’ pursuant to the Consumer Protection Act, 2002, S.O. 2002, c.30, Sch. A, and/or equivalent provincial legislation.”

The Grandfathered Sub-Class, which is defined as “customers who were notified by Bell Mobility in 2002 about the change from per second billing to per minute billing, and who changed from a per second to a per minute Plan during the Class Period.”

Updates

The class action was certified by Order of Justice Conway on November 25, 2014.
Bell sought leave to appeal the Certification Order to the Divisional Court. Bell’s Motion for Leave to Appeal the Certification Decision was dismissed by the Order of Justice Lederer on December 17, 2015.
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.
On November 6, 2025, Justice Morgan, the case management judge, directed that the summary judgment in this action shall be heard, along with the summary judgment motion in a parallel case against TELUS (Wellman v. TELUS Communications Company et al., Court File No. CV-08-00360838). Justice Morgan directed that the summary judgment motions should be heard consecutively, over the course of three weeks, by another judge of the Ontario Superior Court of Justice. On November 6, 2025, Justice Glustein appointed Justice Leiper to hear the two summary judgment motions.
The summary judgment motions are scheduled to be heard in February 2027.