42.58% Late Fees Charged by Bell
This class action seeks to compensate clients of defendants Bell Canada and Bell Mobilité Inc. who paid late fees since June 1, 2010. The late fees enforced on outstanding bills by Bell since this date are calculated to an annual rate of 42.58%.
Latest news
On December 20, 2018, Justice Sylvain Lussier was assigned by Justice Jacques Fournier to the management of the class action file.
On August 2, 2024, the Defendant requested to modify the class action group to include two other service contracts, to specify that the language of the contracts could be in either French or English, and to include legal persons constituting more than 50 employees who paid these late fees since January 4, 2013.
The modification hearing was held on April 14, 2025 before Justice Lussier of the Superior Court.
On April 14, 2025, Justice Lussier authorized the modification of the group.
Conditions to be part of this class action
You are included within the class action group if you meet the following conditions:
1. You reside or have resided in Quebec
2. You paid late fees to Bell Canada or Bell Mobility Inc. since June 1, 2010
3. For landline or phone services or for internet services
In the case of a company or association, you are part of the class action if you meet the above criteria and you had 50 or fewer employees between October 28, 2009 and October 28, 2010 OR you had more than 50 employees and paid these fees since January 4, 2013.
Summary of the class action
On December 16, 2011, the class action against Bell Canada and Bell Mobility Inc. was authorized and Louis Aka-Trudel was granted the status of class action representative for the following group:
“All physical persons and legal persons under private law, partnerships or associations, having at any time during the 12-month period preceding October 28, 2010 under their direction or control nor more than 50 persons contractually employed, residing or having resided in Quebec and having paid since June 1, 2010 interest at the annual rate of 42.58% on the amount of at least one invoice issued by one or both of the Defendants under the following contracts: Terms and Conditions for Unregulated Local Telephony Services – Consumer Market; Terms and Conditions for Unregulated voice and Internet Services (Business Customers); Residential Internet Service Agreement; and Bell Mobility Terms of Service.” (translated from French)
You can consult the authorisation judgment here.
On April 17, 2014, the Plaintiff instituted an originating application before the Superior Court. He requests the reduction of late fees paid by the group since June 1, 2010 in addition to punitive damages.
On August 21, 2014, the attorneys for the Defendants filed a motion for declinatory exception based on the exclusive jurisdiction of the Canadian Radio-Television and Telecommunications Commission (CRTC) regarding telecommunication fees.
On October 31, 2016, Justice Fournier rejected the Defendants’ motion for declinatory exception. You can consult the judgment here.
On January 20, 2017, Justice Mark Schraeger of the Quebec Court of Appeal granted the Defendants permission to appeal the October 31, 2016 judgment and granted the suspension of proceedings before the Superior Court. You can consult the judgment here.
The appeal hearing was held on April 20, 2018 before the Court of Appeal in Montreal.
On May 17, 2018, the Court of Appeal affirmed that the Superior Court can adjudicate proceedings related to telecommunications fees. Bell’s argument that only the CRTC could make rulings on issues related to telecommunications rates was rejected. You can consult the judgment here.
On July 17, 2018, the Defendants applied for leave to appeal to the Supreme Court of Canada, which was dismissed on February 21, 2019. You can consult the judgment here.
On December 20, 2018, Justice Sylvain Lussier was assigned by Chief Justice Jacques Fournier to the management of the class action file. You can consult the designation order here.
On August 2, 2024, the Defendant requested to modify the class action group to include two other service contracts, to specify that the language of the contracts could be in either French or English, and to include legal persons constituting more than 50 employees who paid these late fees since January 4, 2013.
The modification hearing was held on April 14, 2025 before Justice Lussier of the Superior Court.
On April 14, 2025, Justice Lussier authorized the group definition to be modified to read as follows:
“‘All physical persons and all legal persons under private law, companies or associations, having at any time during the 12-month period preceding October 28, 2010 under their direction or control a maximum of 50 persons under contract of employment, residing or having resided in Quebec and having paid interest since June 1, 2010 at the annual rate of 42.58% on the amount of at least one invoice issued by one or both Defendants under one of the following contracts, in their English and French versions: Terms and Conditions of Unregulated Local Exchange Services – Consumer Market; Residential Internet Service Agreement; Bell Terms of Service; and Bell Mobility Terms of Service; and
All legal entities with more than 50 employees that have paid such fees since January 4, 2013 under one of these contracts. Excluded from the group are all persons whose contract contains a mandatory arbitration clause and who did not contract as consumers. Also excluded from the group are all persons whose contract was or is open to negotiation and who did not contract as consumers.’
(the Main Group)
and
‘All physical persons, except a merchant who has entered into a contract for the purposes of their business, residing or having resided in Quebec and who have paid interest since June 1, 2010 at the annual rate of 42.58% on the amount of at least one invoice issued by one or both of the Defendants under one of the following contracts, in their English and French versions: Unregulated Local Telephony Terms of Service – Consumer Market; Residential Internet Service Agreement; Bell Mobility Terms of Service; Bell Terms of Service; Unregulated Terms of Service – Voice and Internet Services (Business Customers); Bell Business Terms of Service; and Bell Small Business Terms of Service.
Excluded from the group are all persons whose contract contains a mandatory arbitration clause and who have not contracted as consumers. Also excluded from the group are all persons whose contract was or is open to negotiation and who did not contract as consumers.’
(the Consumer Group, and collectively with the Main Group, the Group)” (translated from French)
You can consult the modification judgment here.