SCC allows cellphone fee class-action lawsuit to proceed
The Supreme Court of Canada.
The Canadian Press
Published Thursday, June 28, 2012 12:28PM EDT
Last Updated Thursday, June 28, 2012 1:43PM EDT
OTTAWA -- The Supreme Court is allowing a class-action lawsuit against Canadian cellphone companies over system access fees to proceed.
The suit against some of the country's biggest wireless carriers, including Rogers, Telus and Bell Mobility, was launched in 2004.
The companies appealed the certification of the suit all the way to the Supreme Court, which today dismissed the appeal -- paving the way for the suit to proceed.
As is customary, the high court did not provide reasons for its decision.
The suit alleges the cellphone companies wrongfully collected the fees, which were in addition to other monthly fees for phone service, from customers.
It calls for the respondents to be reimbursed.
The allegations have not been tested in court.
"We appealed this because we believe the case was not properly presented to the courts as a class action," Telus said in a statement.
"The appeal was a procedural process, and there's been no finding on the merits of the case itself. We are confident the case is without merit and baseless, at least as it related to Telus."
While some cellphone companies have phased out system access fees the suit seeks to recoup fees paid reaching back two decades.
The class action was certified by the courts in Saskatchewan in 2007.