"Today Just Got Better"… Unless You Had A Prepaid Cellphone Card From Bell Mobility

Bell Mobility's slogan may ring hollow for some Canadians in light of the Ontario Court of Appeal's decision in Sankar v. Bell Mobility Inc., 2016 ONCA 242, which will likely end the $200-million class action involving as many as one million Canadians. In reasons issued April 4, 2016, the Court upheld the decision of the motions judge who, on a summary judgment motion, found that Bell's practice of reclaiming unused balances on prepaid cards was not a breach of contract and dismissed the claim. The decision is noteworthy because the class action was dismissed on a summary judgment motion (rather than after a full trial) and because of the way the Court determined what documents formed the contract between the parties.