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ARTICLE · 13 AUGUST 2025

Decertification Denied: Drawing The Line Between Consumer And Business Subscribers, Once Again

McCarthy Tétrault
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Wellman v. TELUS Communications Co.[1] is an Ontario class action in which the plaintiffs allege that TELUS engaged in systematic overbilling of its mobile phone subscribers.

CanadaLitigation, Mediation & Arbitration
Canadian Class Actions Monitor
Canadian Class Actions Monitor
Marina Sampson
Marina Sampson
Aya Schechner
Aya Schechner
Author LinkedIn connections

Background: The Certification Saga

Wellman v. TELUS Communications Co.1 is an Ontario class action in which the plaintiffs allege that TELUS engaged in systematic overbilling of its mobile phone subscribers.

As this latest decision makes clear from the outset, the case has a long procedural history and has already been to the Supreme Court of Canada and back for many motions and appeals.2

The common issues trial is scheduled to start in January 2026.

The action was originally certified in 2014 with a class that included both business and individual (i.e., consumer) TELUS subscribers. Their claims include breach of contract, unjust enrichment, and anti-competitive practices, and a claim under Ontario's Consumer Protection Act in respect of the individual subscribers. The certification decision was appealed, including because the certification judge had refused to stay the action against the business customers, notwithstanding the presence of an arbitration

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