The plaintiff brought a motion to certify a class action against Hydro One Networks on behalf of customers who were allegedly overcharged due to a malfunctioning customer information system (CIS) implemented in 2013.
The plaintiff advanced claims for breach of contract, negligence, and unjust enrichment, seeking $100 million in aggregate damages.
The court dismissed the certification motion, finding that the proposed common issues lacked commonality because the alleged systemic negligence produced a multiplicity of errors requiring individual inquiries.
The court also found that a class proceeding was not the preferable procedure, as individual issues trials would be inevitable and the Ontario Energy Board's complaint process offered a superior alternative for resolving the billing disputes.
