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    Josie-Anne Huard v. Innovation Tootelo Inc.

    Managing fees billed by Bonjour-Santé

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    In a judgment rendered on February 15, 2021, Justice Bisson authorized the proposed class action.

    Please read the Notice to members for more information about the class action.

    Are You a Member?

    You are covered by the Application for Authorization to Institute a Class Action if:

    – You have paid money to Bonjour-Santé to obtain an appointment for an insured service that was paid by the RAMQ
    – Since September 20, 2015.

    Summary of the Class Action

    The Health Insurance Act (HIA) is the law that allows the entire population of Quebec to have free access to medical care. It is thanks to this legislation that any insured person can simply present his or her health insurance card and obtain care free of charge.

    The Act strictly prohibits extra-billing, including the billing of accessory fees, since its purpose is to make the health system free of charge for the population. Appointment management is essential to the practice of insured services and charging a sum of money for this constitutes an accessory fee, which is prohibited by the HIA.

    It is important to note that the plaintiff is not opposed to the existence of Bonjour-Santé’s services, just to its billing such services to patients. If clinics wish to benefit from the appointment management services offered by Bonjour-Santé, they should pay for this service themselves, as they are already compensated by the RAMQ, which pays supplements for administrative expenses when it pays doctors for the acts that they bill in clinics.

    The plaintiff therefore seeks to end this harmful practice for the Quebec population and obtain compensation for the fees that were illegally collected.

    On October 30, 2020, Josie-Anne Huard filed an amended Application for Authorization to Institute a Class Action against Innovation Tootelo Inc., the company behind the medical appointments service “Bonjour-Santé”, following the original application dated of September 20, 2018.

    The proposed class action includes all persons who paid to obtain an appointment for an act insured by the RAMQ. The class action aims to compensate these persons since the defendant was not entitled to bill these amounts to patients.

    The Application for Authorization was presented before the Superior Court of Quebec in Montreal on February 2, 2021.

    The members are jointly represented by TJL, Grenier Verbauwhede Avocats and Hadekel Shams.

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