DeWolf v. Bell ExpressVu Inc.

DeWolf v. Bell ExpressVu Inc.

The administration fee is, in substance, a reimbursement (a legitimate pre-estimate of collection costs) and not a charge paid or payable for the advancing of credit under an agreement or arrangement; therefore it is not "interest" within the meaning of s.347 of the Criminal Code; the appeals are allowed and the respondent's claim is dismissed.

Citation
2009 ONCA 644
Parties
Plaintiff (respondent): Peter DeWolf; Defendant (appellant): Bell ExpressVu Inc.; Defendant (appellant): Bell ExpressVu L.P.
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
11 September 2009
Procedural Posture
Class Proceeding / Appeal From Summary Judgment Motions (cross‑motions)
Outcome
Appeals allowed; motion judge's orders set aside; respondent's summary judgment set aside; respondent's claim dismissed in its entirety
Legal Topics
Definition of Interest Under S.347 Criminal Code, Late Payment Fees, Advance of Credit, Summary Judgment, Liquidated Damages, Collection Practices
Source Language
English
Criminal Law Contract Law Class Actions Consumer Law Definition of Interest Under S.347 Criminal Code Late Payment Fees Advance of Credit Summary Judgment +2 more

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Parties

Peter DeWolf

Plaintiff (respondent)

Bell ExpressVu Inc.

Defendant (appellant)

Bell ExpressVu L.P.

Defendant (appellant)

Procedural Posture

Class Proceeding / Appeal From Summary Judgment Motions (cross‑motions)

Legal Issues

  1. 1 Whether the administration fee is "interest" under s.347 of the Criminal Code
  2. 2 Whether the administration fee is a charge paid or payable for the advancing of credit
  3. 3 Whether any credit is advanced pursuant to an agreement or arrangement between the parties

Ratio Decidendi

The administration fee is, in substance, a reimbursement (a legitimate pre-estimate of collection costs) and not a charge paid or payable for the advancing of credit under an agreement or arrangement; therefore it is not "interest" within the meaning of s.347 of the Criminal Code; the appeals are allowed and the respondent's claim is dismissed.

Court Disposition

Appeals allowed; motion judge's orders set aside; respondent's summary judgment set aside; respondent's claim dismissed in its entirety

Orders

  • Allow appeals
  • Set aside motion judge's orders granting summary judgment to respondent and dismissing appellants' motion