On remand from the Supreme Court of Canada following the Ledcor decision, the Court of Appeal for Ontario reconsidered its earlier dismissal of a class action appeal.
The appellant challenged Bell Mobility's seizure of prepaid credits, arguing that Bell's contractual terms and subsequent communications created an obligation to wait until after expiry before seizing funds.
The court affirmed its previous decision, holding that the expiry date was determined at the time of top-up purchase and reflected in the PIN receipts and phone cards, not in subsequent reminder messages or account page displays.
The court found that the appellant's real complaint concerned misrepresentation or promissory estoppel, neither of which were amenable to class proceeding resolution.
