Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
36600
Steffan Ileman v. Rogers Communications Inc., et al.
(British Columbia) (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) |
|---|---|---|
| 2016-02-17 | Close file on Leave | |
| 2016-02-12 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-02-12 | Judgment on leave sent to the parties | |
| 2016-02-11 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA041916, 2015 BCCA 260, dated June 9, 2015, is dismissed with costs to the respondents, Rogers Communications Inc., Rogers Communications Partnership, Fido Solutions Inc., Bell Mobility Inc., Telus Corporation, Telus Communications Inc. and Telus Communications Company Partnership. Dismissed, with costs |
|
| 2016-01-11 | All materials on application for leave submitted to the Judges, Abe Mo Ka | |
| 2015-10-14 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2015-10-14, (Electronic version filed on 2015-10-15) | Steffan Ileman |
| 2015-10-08 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-10-08) | Telus Corporation |
| 2015-10-08 | Notice of name, (Letter Form), (Electronic version filed on 2015-10-08) | Telus Corporation |
| 2015-10-08 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2015-10-08, (Electronic version filed on 2015-10-08) | Telus Corporation |
| 2015-10-02 | Notice of name, (Letter Form), For Rogers Communications Inc., (Electronic version filed on 2015-10-02) | Rogers Communications Inc. |
| 2015-10-02 | Notice of name, (Letter Form), For Fido Solutions Inc., (Electronic version filed on 2015-10-05) | Rogers Communications Partnership, Fido Solutions Inc. |
| 2015-10-02 | Notice of name, (Letter Form), (Electronic version filed on 2015-10-02) | Bell Mobility Inc. |
| 2015-10-02 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-10-02) | Bell Mobility Inc. |
| 2015-10-02 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2015-10-02, (Electronic version filed on 2015-10-02) | Bell Mobility Inc. |
| 2015-10-02 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-10-05) | Rogers Communications Partnership, Fido Solutions Inc. |
| 2015-10-02 | Notice of name, (Letter Form), For Rogers Communications Partnership, (Electronic version filed on 2015-10-05) | Rogers Communications Partnership, Fido Solutions Inc. |
| 2015-10-02 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-10-05) | Rogers Communications Inc. |
| 2015-10-02 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2015-10-02, (Electronic version filed on 2015-10-05) | Rogers Communications Inc. |
| 2015-09-11 | Letter acknowledging receipt of an incomplete application for leave to appeal, File opened 2015-09-11 | |
| 2015-09-04 | Book of authorities, (Book Form) | Steffan Ileman |
| 2015-09-04 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-09-16) | Steffan Ileman |
| 2015-09-04 | Application for leave to appeal, (Book Form), (2 volumes), Completed on: 2015-09-17, (Electronic version filed on 2015-09-16) | Steffan Ileman |
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 |
|---|---|---|
| Ileman, Steffan | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Rogers Communications Inc. | Respondent | Active |
| Rogers Communications Partnership, Fido Solutions Inc. | Respondent | Active |
| Bell Canada Enterprise Inc. | Respondent | Active |
| Bell Mobility Inc. | Respondent | Active |
| Telus Corporation | Respondent | Active |
| Telus Communications Inc., Telus Communications Company Partnership | Respondent | Active |
Counsel
Party: Ileman, Steffan
Counsel
700-375 Water Street
Vancouver, British Columbia
V6B 5N3
Telephone: (604) 687-7700
FAX: (604) 687-5596
Email: epoyner@smrlaw.ca
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Rogers Communications Inc.
Counsel
Geoffrey B. Gomery, Q.C.
750 - 900 Howe Street
Vancouver, British Columbia
V6Z 2M4
Telephone: (604) 662-8840
FAX: (604) 684-1598
Email: sschachter@nst.bc.ca
Agent
1500-45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8604
FAX: (613) 230-5459
Email: sally.gomery@nortonrosefulbright.com
Party: Rogers Communications Partnership, Fido Solutions Inc.
Counsel
Geoffrey B. Gomery, Q.C.
750 - 900 Howe Street
Vancouver, British Columbia
V6Z 2M4
Telephone: (604) 662-8840
FAX: (604) 684-1598
Email: sschachter@nst.bc.ca
Agent
1500-45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8604
FAX: (613) 230-5459
Email: sally.gomery@nortonrosefulbright.com
Party: Bell Canada Enterprise Inc.
Counsel
1200 Waterfront Centre
200 Burrard Street, P.O. Box 48600
Vancouver, British Columbia
V7X 1T2
Telephone: (604) 687-5744
FAX: (604) 687-1415
Email: rdeane@blg.com
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Bell Mobility Inc.
Counsel
1200 Waterfront Centre
200 Burrard Street, P.O. Box 48600
Vancouver, British Columbia
V7X 1T2
Telephone: (604) 687-5744
FAX: (604) 687-1415
Email: rdeane@blg.com
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Telus Corporation
Counsel
Jake Cabbott
2900-550 Burrard Street
Vancouver, British Columbia
V6C 0A3
Telephone: (604) 631-3131
FAX: (604) 631-3232
Email: aborrell@fasken.com
Agent
55 Metcalfe Street, Suite 1300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 696-6860
FAX: (613) 230-6423
Email: ywexler@fasken.com
Party: Telus Communications Inc., Telus Communications Company Partnership
Counsel
2900-550 Burrard Street
Vancouver, British Columbia
V6C 0A3
Telephone: (604) 631-3131
FAX: (604) 631-3232
Email: aborrell@fasken.com
Agent
55 Metcalfe Street, Suite 1300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 696-6860
FAX: (613) 230-6423
Email: ywexler@fasken.com
Summary
Keywords
None.
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 — Certification — Legislation — Interpretation — Requirements for certification — Pleadings disclosing cause of action — Application for certification as a class proceedings dismissed by lower courts — Whether Court of Appeal erred in holding that “interest” required to obtain a restoration remedy pursuant to s. 172(3)(a) of Business Practices and Consumer Protection Act, S.B.C. 2004, c. 2, is “an interest recognized by law outside of s. 172(3)(a)” — Whether Court of Appeal erred in overturning chambers judge’s finding that term “system access fee”, objectively considered, does not have capability, tendency or effect of deceiving or misleading a consumer?
The applicant, Mr. Ileman appealed the chamber judge’s decision dismissing an application to certify a class proceeding against various cellular telephone companies. His claim was brought primarily under the Business Practices and Consumer Protection Act, S.B.C. 2004, c. 2 (“BPCPA”). He sought a declaration that representations made by the respondents in relation to a “system access fee” contravened the BPCPA. He sought declaratory and injunctive relief and a restorative order under s. 171 and s. 172 of the BPCPA.
The chambers judge dismissed the application for certification. The Court of Appeal dismissed the appeal.
Lower court rulings
Supreme Court of British Columbia
VLC-S-S-118658, 2014 BCSC 1002
Application for certification as a class proceeding dismissed.
Court of Appeal for British Columbia (Vancouver)
CA41916, 2015 BCCA 260
Appeal dismissed.
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.
Downloadable PDFs
Not available
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
Not available