Case information
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36468
John Gillis, et al. v. BCE Inc., et al.
(Nova Scotia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2016-12-30 | Close file on Leave | |
| 2016-12-23 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-12-23 | Judgment on leave sent to the parties | |
| 2016-12-22 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Nova Scotia Court of Appeal, Number CA 430654, 2015 NSCA 32, dated April 9, 2015, is dismissed with costs. Dismissed, with costs |
|
| 2016-11-21 | All materials on application for leave submitted to the Judges, CJ Wa Ga | |
| 2016-11-07 | Correspondence received from, (Letter Form), Michael H. Lubetsky. Filiing of a decision from the Queen's Bench Court. Joint with 36899 and 37011. , (Electronic version filed on 2016-11-07) | Rogers Communications Inc., Rogers Communications Partnership, Fido Solutions Inc., Rogers Cantel Inc., Rogers Wireless Inc., and Rogers AT&T Wireless |
| 2016-06-22 | Applicant's reply to respondent's argument, (Book Form), Reply to Bell Canada., Completed on: 2016-06-23, (Electronic version filed on 2016-06-27) | John Gillis |
| 2016-06-22 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-06-27) | John Gillis |
| 2016-06-22 | Applicant's reply to respondent's argument, (Book Form), Reply to Rogers Communications., Completed on: 2016-06-23, (Electronic version filed on 2016-06-27) | John Gillis |
| 2016-06-13 | Correspondence received from, (Letter Form), Respondent, Rogers Communications to clarify the names of the corporate entities., (Electronic version filed on 2016-06-13) | Rogers Communications Inc., Rogers Communications Partnership, Fido Solutions Inc., Rogers Cantel Inc., Rogers Wireless Inc., and Rogers AT&T Wireless |
| 2016-06-13 | Supplemental document, (Book Form), Consolidated Compendium join with 36899 and 37011. | BCE Inc. |
| 2016-06-13 | Book of authorities, (Book Form), joint book of authorities with 36899 and 37011. | BCE Inc. |
| 2016-06-13 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-06-13) | BCE Inc. |
| 2016-06-13 | Notice of name, (Letter Form), (Electronic version filed on 2016-06-13) | BCE Inc. |
| 2016-06-13 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2016-06-13, (Electronic version filed on 2016-06-13) | BCE Inc. |
| 2016-06-13 | Correspondence received from, (Letter Form), Respondent re : number of copies required (10). | Rogers Communications Inc., Rogers Communications Partnership, Fido Solutions Inc., Rogers Cantel Inc., Rogers Wireless Inc., and Rogers AT&T Wireless |
| 2016-06-13 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-06-10) | Rogers Communications Inc., Rogers Communications Partnership, Fido Solutions Inc., Rogers Cantel Inc., Rogers Wireless Inc., and Rogers AT&T Wireless |
| 2016-06-13 | Notice of name, (Letter Form), (Electronic version filed on 2016-06-10) | Rogers Communications Inc., Rogers Communications Partnership, Fido Solutions Inc., Rogers Cantel Inc., Rogers Wireless Inc., and Rogers AT&T Wireless |
| 2016-06-13 | Respondent's response on the application for leave to appeal, (Book Form), Joint Response with 36899 and 37011., Completed on: 2016-06-13, (Electronic version filed on 2016-06-10) | Rogers Communications Inc., Rogers Communications Partnership, Fido Solutions Inc., Rogers Cantel Inc., Rogers Wireless Inc., and Rogers AT&T Wireless |
| 2015-06-30 | Order on motion to extend time, (by ROTHSTEIN J.) | |
| 2015-06-30 |
Decision on motion to extend time, Ro, UPON APPLICATION by the applicants for an extension of time for the respondents to serve and file their responses to the application for leave to appeal to 90 days following the latter of: 1. the rendering of a decision by the Court of Appeal of Manitoba in respect of Hafichuk-Walkin et al. v. BCE et al., File No. AI 14-30-08244; or 2. the rendering of a decision by the Court of Appeal of Alberta in respect of Turner v. Bell Mobility Inc. et al., File Nos. 1503-0094AC, 1503-0096AC. AND THE MATERIAL FILED having been read; AND NOTING THAT the respondents consent to the motion; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2015-06-30 | Submission of motion to extend time, Ro | |
| 2015-06-17 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-06-15) | John Gillis |
| 2015-06-15 | Motion to extend time, (Letter Form), Draft Order Sought received., Completed on: 2015-06-30, (Electronic version filed on 2015-06-15) | John Gillis |
| 2015-06-12 | Correspondence received from, (Letter Form), Agent, Jeffrey W. Beedell for the Rogers respondents., (Electronic version filed on 2015-06-15) | Rogers Communications Inc., Rogers Communications Partnership, Fido Solutions Inc., Rogers Cantel Inc., Rogers Wireless Inc., and Rogers AT&T Wireless |
| 2015-06-12 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-06-12) | John Gillis |
| 2015-06-09 | Letter acknowledging receipt of an incomplete application for leave to appeal, file opened 2015-06-09. | |
| 2015-06-08 | Book of authorities, (Book Form), One copy missing. Copy received 2015-06-11. | John Gillis |
| 2015-06-08 | Application for leave to appeal, (Book Form), Form 23A and one copy of the Book of Authorities are missing. Everything's received., Completed on: 2015-06-17, (Electronic version filed on 2015-06-10) | John Gillis |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Gillis, John | Applicant | Active |
| Jane Doe XVIII, John Doe Ltd. XVIII, John Doe XIX and John Doe XXI | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| BCE Inc. | Respondent | Active |
| Bell Canada, Bell Mobility Cellular Inc., Bell Mobility Inc., Microcell Telecommunications Inc. | Respondent | Active |
| Rogers Communications Inc., Rogers Communications Partnership, Fido Solutions Inc., Rogers Cantel Inc., Rogers Wireless Inc., and Rogers AT&T Wireless | Respondent | Active |
Counsel
Party: Gillis, John
Counsel
E.F. Anthony Merchant, Q.C.
140 Fullarton Street
Suite 1800
London, Ontario
N6A 5P2
Telephone: (519) 672-5666
FAX: (519) 672-2674
Email: peerless@mckenzielake.com
Party: Jane Doe XVIII, John Doe Ltd. XVIII, John Doe XIX and John Doe XXI
Counsel
E. F. Anthony Merchant, Q.C.
140 Fullarton Street
Suite 1800
London, Ontario
N6A 5P2
Telephone: (519) 672-5666
FAX: (519) 672-2674
Email: peerless@mckenzielake.com
Party: BCE Inc.
Counsel
Alan Melamud
151 Bloor Street West
Suite 701
Toronto, Ontario
M5S 1S4
Telephone: (416) 348-7502
FAX: (416) 348-7505
Email: kp@toughcounsel.com
Party: Bell Canada, Bell Mobility Cellular Inc., Bell Mobility Inc., Microcell Telecommunications Inc.
Counsel
Alan Melamud
151 Bloor Street West
Suite 701
Toronto, Ontario
M5S 1S4
Telephone: (416) 348-7502
FAX: (416) 348-7505
Email: kp@toughcounsel.com
Party: Rogers Communications Inc., Rogers Communications Partnership, Fido Solutions Inc., Rogers Cantel Inc., Rogers Wireless Inc., and Rogers AT&T Wireless
Counsel
Matthew Milne-Smith
Maureen Littlejohn
155 Wellington Street West
37th Floor
Toronto, Ontario
M5V 3J7
Telephone: (416) 367-7623
FAX: (416) 863-0871
Email: kentthomson@dwpv.com
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Civil procedure – Class actions – Abuse of process – Action commenced in Saskatchewan claiming that telecommunication providers improperly charged wireless telephone customers system access fees and misrepresented them as regulatory fees – Action in Saskatchewan was certified as class action on national opt-in basis – Similar class actions filed in other jurisdictions across Canada, including Nova Scotia, but later stayed as abuses of process – Whether filing of multiple class actions constitutes abuse of process.
In 2004, an action was commenced in Saskatchewan by the Merchant Law Group (the “MLG”) under The Class Actions Act, SS 2001, c. C-12.01 (the “Frey/Chatfield action”), claiming that the respondent telecommunications providers had improperly been charging their wireless phone customers “system access fees” (“SAF”) each month. It was alleged that the respondents misrepresented that the SAF were regulatory fees that they were simply collecting and remitting to the government. It was further alleged that this illegal practice went on for several years affecting customers across Canada and resulted in the respondents receiving, collectively, hundreds of millions of dollars. Similar class actions were later brought by the MLG in eight other jurisdictions across Canada, including Nova Scotia. In Nova Scotia, Rosinski J. held that the filing of multiple class actions did not constitute an abuse of process. The Nova Scotia Court of Appeal overturned that decision, and stayed the action there.
Lower court rulings
Supreme Court of Nova Scotia, Trial Division
234376, 2014 NSSC 336
See file.
Nova Scotia Court of Appeal
CA 430654, 2015 NSCA 32
Appeal allowed and action stayed as abuse of process.
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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