Case Overview:

• The plaintiffs, pensioners of Bell Canada, alleged a miscalculation in the cost-of-living allowance (COLA) increase for pensions in 1998. They claimed that Bell Canada applied a 1% increase instead of the correct 2%.

Background:

• This miscalculation was highlighted in a separate case (Austin v. Bell Canada) concerning a similar error in 2017.
• Bell Canada argued that any issues from 1998 were time-barred, but the Office of the Superintendent of Financial Institutions (OSFI) required Bell to correct the error.
• Bell Canada implemented an Action Plan, recalculating the COLA, notifying affected pensioners, and compensating them, amounting to approximately $84.2 million.

Court's Analysis:

• The plaintiffs sought to discontinue the class action under Section 29 of the Class Proceedings Act, 1992.
• The discontinuance required court approval and consideration of whether it would prejudice the class members.
• The judge found no improper purpose in the commencement of the action, and no prejudice to the putative class members or the defendants from the discontinuance.
• The action was deemed moot as Bell Canada had addressed the COLA error through the Action Plan.

Orders:

• The discontinuance of the action was approved.
• The proposed notice plan, involving posting a notice on class counsel’s website, was deemed sufficient given the extensive notice already provided through the Action Plan.

Conclusion:

• The court approved the discontinuance of the class action and the notice plan, closing the case as the primary issue had been resolved through the actions of Bell Canada.