A certification motion was argued before the Honourable Mr. Justice Strathy in Toronto on February 16 and 17, 2010.
At the same time, Bell argued that the plaintiffs' action ought to be dismissed and/or stayed.
The decision of Justice Strathy is under reserve.
As these matters are difficult and complex, it may be several months before a decision is rendered.
Rendering a decision requires a significant amount of work for the judge who has to undertake careful review of all of the voluminous materials filed with him by both sides.
Once a decision is rendered, a copy will be posted here.
Certification Documentation
Click Here to Read Motion Record re: Certification
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.
