TORONTO, ONTARIO - (Marketwire - April 10, 2008) -
On April 2, 2008, the following notice to class members was approved by Mr. Justice Perell of the Ontario Superior Court of Justice in the national class action styled De Wolf v. Bell ExpressVu Inc. et al., Court File No. 05-CV-297727CP.
CLASS ACTION CERTIFICATION ORDER
On February 11, 2008, the Ontario Superior Court of Justice certified De Wolf v. Bell ExpressVu Inc. et al. Court File No. 05-CV-297727CP as a Class Action. Peter De Wolf has been appointed by the court as representative plaintiff for the Class, which is defined as:
All former and current customers of the Defendants who have been charged one or more administration fees (the fees of $19 and $25 charged by the Defendants beginning January 1, 2003 for the payment of an account after the due date) and have paid those fees up to the date of certification of this proceeding.
The certification order may be reviewed at:
www.legaladvocates.ca/classactions.html
The Plaintiff alleges that the administrative fees charged by Bell ExpressVu constitute illegal interest, and he seeks damages and repayment of the administrative fees.
Bell ExpressVu denies that it has charged illegal interest, and denies that the administrative fees constitute interest.
This Notice does not mean that the court has taken a position as to the likelihood of recovery on the part of the Class, or on the merits of the claims or defences of either side. This Notice is being published to make Class members aware that their rights may be affected by the lawsuit.
YOU MUST OPT OUT IF YOU DO NOT WISH TO PARTICIPATE IN THE CLASS ACTION
Any judgment or settlement obtained on the common issues in the Class Action, whether favourable or not, will bind all Class members who do not opt out of the Class Action.
If you wish to remain a member of the Class, you need not do anything at this time. If you opt out of the Class Action, you will not be bound by any decision respecting the Class or be entitled to any recovery obtained by the Class. If you wish to opt out of the Class Action you must do so no later than June 30, 2008 by sending a signed, written notice that you wish to opt out of the class action to:
Bell Phillips Gill Young LLP
53 Jarvis Street, Suite 300
Toronto, ON M5C 2H2
Attn: Bell ExpressVu Class Action
LEGAL REPRESENTATION
The law firm of Bell Phillips Gill Young LLP represents the Plaintiff and the Class in these proceedings and is retained on contingency. Its fees will only be paid if the Class Action is successful. In that event, the damages you may otherwise be entitled to may be reduced to pay for legal costs. The retainer agreement and any fees paid to Class counsel are subject to the court's approval. Members of the Class will not be personally liable to pay counsel any legal fees and/or disbursements.
Questions regarding this class action should be directed to Bell Phillips Gill Young LLP at the above address.
Attn: Bell ExpressVu Class Action
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