Ontario civil | Civil Practice and Procedure | Class and representative proceedings | Representative or class proceedings under class proceedings legislation
Costs of certification motion. Plaintiff acquired prepaid payment card issued by defendant trust company providing financial services. Face value of payment card was pre-paid and deposited with issuer of card. Plaintiff learned that each month $2.50 had been deducted from balance of card as service fee. Plaintiff brought class action for breach of contract alleging unfair practice under Consumer Protection Act. Motion judge granted plaintiff’s motion for certification of class action. Parties made submissions on costs. Plaintiff awarded costs of $146,492, all inclusive. Amount of $136,492 was payable within 30 days and balance of $10,000, plus post-judgment interest was payable to plaintiff in cause. Motion was total success for plaintiff, even though there was revised class definition. Small portion of costs was payable to plaintiff in cause because of modest refusal to concede limitation period issue.
Bernstein v. Peoples Trust Co. (2017), 2017 CarswellOnt 5120, 2017 ONSC 2189, Perell J. (Ont. S.C.J.); additional reasons (2017), 2017 CarswellOnt 1361, 2017 ONSC 752, Perell J. (Ont. S.C.J.).
