Felix Moser Boehm

The plaintiff brought a proposed class action against a wireless service provider for failing to provide pro-rated refunds upon cancellation of services, relying on the provincial Wireless Services Agreement Act, 2013.

The defendant brought a cross-motion arguing the provincial Act was ultra vires or inoperative due to federal jurisdiction over telecommunications.

The court held that the provincial Act was valid consumer protection legislation, and was not rendered inoperative by the doctrines of federal paramountcy or interjurisdictional immunity.

The plaintiff brought a proposed class action against a telecommunications provider seeking pro-rated refunds for prepaid wireless services after cancelling her contract.

The plaintiff relied on a statutory cause of action under the Telecommunications Act, alleging the provider breached the CRTC's Wireless Code.

The provider brought a cross-motion to strike the claim.

The Superior Court granted the cross-motion, finding that the plaintiff's claim was essentially for breach of contract, which is expressly excluded from the statutory cause of action by s. 72(3) of the Act.

Alternatively, the court held it would decline to exercise jurisdiction and defer to the CRTC, which has exclusive regulatory authority over the Wireless Code.

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.