Bell Canada / bandwidth reduction
This class action seeks to obtain a price reduction for Residential Internet ADSL Service for the period October 28, 2007, to February 29, 2012, offered by the defendant Bell Canada.
The action is also seeking compensation as punitive damages against Bell Canada.
On May 9, 2018, Justice Fournier dismissed an application for a partial exclusion to exclude Ontario class members. Bell Canada wishes to set aside the decision of Justice Fournier by the Court of Appeal.
The parties agreed on the schedule of next steps. In particular, the defense will be filed on October 31, 2018 and the out-of-court examination of the Bell Canada representative will take place in the fall of 2018. The parties should have completed their file by the end of the fall of 2019. From then on, the parties will be able to obtain a trial date, which can not be done until 2020 or 2021.
Conditions to be part of this class action
You are part of the class action if you meet all of the following criteria:
– Between October 28, 2007, and February 29, 2012, you were subscribed to one of the following Bell Canada residential ADSL Internet service:
– Total Internet Essential;
– Total Internet Essential Plus;
– Total Internet Performance;
– Total Internet Performance Plus;
– Total Internet Max;
– Sympatico High Speed;
– Sympatico Internet High Speed Ultra;
– Sympatico Basic;
– Between October 28, 2007, and February 29, 2012, you have used peer to peer file sharing applications, between 4:30 p.m. and 2 a.m.;
– You lived in Quebec or Ontario.
YOU ARE NOT AFFECTED BY THIS CLASS ACTION IF you are a merchant who were subscribed to one of these services for the purposes of your business.
You can register at the bottom of this page to receive information on the developments of the class action.
For more information on what it means to be a member of a class action, you can consult our What are class actions section.
Summary of the class action
The applicant submitted that between October 28, 2007 and February 29, 2012, Bell Canada systematically reduce the bandwidth of customers using certain protocols, including Peer-to-Peer, during the peak period. According to the Application, Bell Canada violated its obligations, made false representations and rendered a non-compliant service.
On April 12, 2012, the class action was authorized by the Court of Appeal.