The plaintiff brought a motion to certify a national class action against a telecommunications provider for failing to provide pro-rated refunds to customers who cancelled their wireless service agreements.
The court denied certification for the national class claim under the Telecommunications Act, finding no viable cause of action.
However, the court granted certification for an Ontario subclass advancing claims under the Wireless Services Agreement Act, 2013, finding that the pleadings disclosed a valid cause of action, there was an identifiable class, and the common issues, including aggregate and punitive damages, were suitable for a class proceeding.
