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Judge reserves judgment on class-action against Bell ExpressVu
Canwest News Service
Published: Wednesday, September 10, 2008
TORONTO - Bell ExpressVu subscribers will have to wait to learn if a class-action lawsuit brought against the company over late fee levies will go ahead.
On Wednesday, an Ontario judge reserved his decision on whether to throw out the suit.
Lawyers for subscriber Peter De Wolf, who initiated the class-action lawsuit, argue the $25 fee charged by the company for late payment doesn't comply with Canada's Criminal Code because it amounts to an annual interest rate greater than the 60 per cent allowed under anti-usury provisions.
Bell ExpressVu lawyer Hugh DesBrisay argued the lawsuit should be dismissed because the $25 fee is not an interest charge as defined by the Criminal Code.
DesBrisay said the charge is an "administration fee" for "real costs" associated with a delinquent accounts.
De Wolf's lawyer, Kirk Baert, argued there is no distinction between the administration fee for late payment and the interest fee the company levies earlier in the billing cycle.
"There is no reason to treat it different just because Bell ExpressVu calls it something different," Baert told Ontario Superior Court Justice Paul Perell.
Earlier this year, Perell certified De Wolf's lawsuit as a class action after the Ottawa-area man successfully argued the issue is not only about him, but also about the company's 1.7 million customers.
Canwest News Service
Published: Wednesday, September 10, 2008
TORONTO - Bell ExpressVu subscribers will have to wait to learn if a class-action lawsuit brought against the company over late fee levies will go ahead.
On Wednesday, an Ontario judge reserved his decision on whether to throw out the suit.
Lawyers for subscriber Peter De Wolf, who initiated the class-action lawsuit, argue the $25 fee charged by the company for late payment doesn't comply with Canada's Criminal Code because it amounts to an annual interest rate greater than the 60 per cent allowed under anti-usury provisions.
Bell ExpressVu lawyer Hugh DesBrisay argued the lawsuit should be dismissed because the $25 fee is not an interest charge as defined by the Criminal Code.
DesBrisay said the charge is an "administration fee" for "real costs" associated with a delinquent accounts.
De Wolf's lawyer, Kirk Baert, argued there is no distinction between the administration fee for late payment and the interest fee the company levies earlier in the billing cycle.
"There is no reason to treat it different just because Bell ExpressVu calls it something different," Baert told Ontario Superior Court Justice Paul Perell.
Earlier this year, Perell certified De Wolf's lawsuit as a class action after the Ottawa-area man successfully argued the issue is not only about him, but also about the company's 1.7 million customers.
