Court Of Appeal Confirms Class Action Contract Claims Can Be Decided On Summary Judgment

On April 4, 2016, the Ontario Court of Appeal granted summary judgment in Sankar v Bell Mobility Inc., dismissing a certified class action against Bell Mobility Inc. ("Bell") regarding prepaid wireless credits. The proposed class action was commenced against Bell for alleged breaches of contract.

The Court of Appeal's decision provides valuable insight into the courts' willingness to make dispositive findings on a summary judgment motion in the context of a class proceeding.

The Certified Class Proceeding

The key issue before the Court was whether the prepaid credits sold by Bell through its various brands expired on the last day of their active period, or on the following day. Bell's practice during the relevant time was to claim unused funds the day after the end of the active period where the account had not been "topped-up" by the customer in order to extend the activation period. If the card did not expire until the day after the end of the active period,