NOTICE OF DISMISSAL of Ontario Superior Court of Justice Court File No. 05-CV-299196CP
by CRAIG PENNEY and DANIEL MIDDAUGH
against BELL CANADA
The lawsuit commenced against Bell Canada by Craig Penney (“Penney”) and Daniel Middaugh (“Middaugh”) in the Ontario Superior Court of Justice has been dismissed.
The lawsuit was commenced as a proposed class proceeding under the Class Proceedings Act, S.O. 1992, c. 6.
Penney and Middaugh alleged that Bell Canada breached its Terms of Service with respect to wireline customers who suffered delays in telephone wireline installation during the period March 24, 2005 and December 31, 2005.
The dismissal of the lawsuit means that it is not going forward or being pursued.
If you are/were relying on this action to protect your rights, you should seek your own legal advice immediately.
Dismissal of the action will mean that applicable limitation periods in respect of these claims, which limitation periods had been suspended, will now run again.
Certification Documentation
Overview of Claim
On October 26, 2005, a proposed class proceeding was commenced against Bell Canada with a Fresh as Amended Statement of Claim having been filed January 3, 2008. It is alleged that Bell Canada breached its Terms of Service with respect to its wireline customers being persons who made arrangements with Bell Canada for wireline telephone service to be installed between March 24 and December 31, 2005.
It is alleged that during that time-period, Bell Canada failed to provide timely wireline installation.
It is alleged that Class Members paid a $55.00 installation fee in exchange for timely installation of telephone service but that Bell Canada failed to provide timely wireline installation.
Click here to read the Fresh As Amended Statement of Claim.
|
