Plaintiff
Defendant
Background: Jason Corless and Bernie Cox filed a class action lawsuit against Bell Mobility Inc., challenging the defendant's attempt to alter the certified class definition or introduce a new sub-class.
Facts: Bell Mobility's motion to amend the class definition was dismissed, entitling the plaintiffs to costs. Plaintiffs sought $88,296.33 in costs, while the defendant proposed $45,000.
Issues/Main Discussion: The dispute centered around the costs associated with the motion to amend. The defendant argued that the plaintiffs' cost claim was excessive, suggesting a reduction based on their partial success.
Conclusion/Ruling: The court awarded the plaintiffs $65,000 in all-inclusive costs, rejecting the defendant's argument for a lower amount but reducing the plaintiffs' requested amount by approximately 20% due to the overzealous defense against the abuse of process allegation.
Amount Awarded: Plaintiffs were awarded $65,000 in costs, payable within 30 days, reflecting the effort required to resist the defendant's motion and the implications for the class members had the defendant succeeded.
Court
Superior Court of Justice - OntarioCase Number
CV-08-00360837-0000Practice Area
Class actionsAmount
$ 65,000Winner
PlaintiffTrial Start Date
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