TELUS CLASS ACTION
NOTICE CERTIFICATION AND SETTLEMENT APPROVAL HEARING
| Read this notice carefully as it may affect your rights. |
THIS NOTICE IS DIRECTED TO:
All persons who are residents of British Columbia, excluding TELUS Communications Inc.’s (“TELUS”) employees or agents, who:
- contracted for cellular telephone services through TELUS from January 21, 1999 to April 2005, in the case of prepaid customers or,
- contracted for cellular telephone services through TELUS from January 21, 1999 to April 2010, in the case of postpaid customers.
(collectively, the “BC Class” or “BC Class Members”)
-AND TO-
All persons who are residents of Alberta, excluding TELUS’ employees or agents, who:
- contracted for cellular telephone services through TELUS from January 21, 1999 to April 2005, in the case of prepaid customers or
- contracted for cellular telephone services through TELUS from January 21, 1999 to April 2010, in the case of postpaid customers.
(collectively, the “Alberta Class” or “Alberta Members” and together with the BC Class, the “Class” or “Class Members”)
I. Nature of the Class Action
On or about January 21, 2005, a proposed class action was commenced against TELUS in the Supreme Court of British Columbia, Michelle Seidel v. TELUS Communications Inc (Vancouver Registry, No. L050143) (the “BC Action”). The BC Class Action was brought on behalf of the BC Class.
On or about February 18, 2005, a proposed class action was commenced against TELUS in the Court of Queen’s Bench of Alberta, Kathryn Deshane v. TELUS Communications Inc. (Judicial District of Edmonton, Action No. 0503 03315) (the “Alberta Action” and together with the BC Class Action, the “Class Actions”). The Alberta Class Action was brought on behalf of the Alberta Class.
In the BC Class Action, the plaintiff alleged that TELUS’ billing practices in relation to incoming calls breached the Business Practices and Consumer Protection Act.
In the Alberta Class Action, the plaintiff alleged that TELUS’ billing practices in relation to incoming calls constituted unfair acts and practices pursuant to the Fair Trading Act, RSA 2000, c. F-2 and the Unfair Trade Practices Act, RSA 1980, c. U-3.
II. Settlement
The parties have reached a settlement of the Class Actions, without an admission of liability on the part of TELUS, subject to approval by the Supreme Court of British Columbia and the Court of King’s Bench of Alberta (“Settlement” or “Settlement Agreement”).
A. Overview
If this settlement is approved, Class Members will be eligible to make a claim for a $10.00 voucher which can be redeemable at TELUS Corporate Stores for in-store purchases of accessories and post-paid devices. The vouchers will not be eligible to offset TELUS bills for phone, internet, television or security plans and services, or for any other purpose. Vouchers will be distributed on a first come, first serve basis. The vouchers must be redeemed within 4 months of the date on which they are issued.
TELUS is obliged to fund up to CDN $3,700,000 for the redemption of vouchers, Class Counsel fees and a charitable donation paid for the benefit of the Class to BC Technology for Learning Society and Alberta Computers for Schools of $125,000, plus disbursements up to a maximum of $100,000 and applicable taxes on such fees and disbursements. For more information, please visit telus.lemerlaw.ca.
Class Counsel will be seeking legal fees of an amount that does not exceed 30% of CDN $3,700,000 as well as disbursements up to a maximum of $100,000 and applicable taxes on such fees and disbursements. The applications for court approval of Class Counsel’s fee request will be heard at the same time as the applications for court approval of the Settlement.
This Settlement resolves the Class Actions for all Class Members as against TELUS. If the settlement is approved, a full release of all claims in the Class Actions will be granted to TELUS. This Settlement represents a resolution of disputed claims and TELUS does not admit any wrongdoing or liability.
B. Approval Hearing
The Settlement remains subject to approval by the Supreme Court of British Columbia and the Court of King’s Bench of Alberta. Applications for approval of the Settlement will be heard by the Supreme Court of British Columbia in the City of Vancouver on October 21, 2024 at 10:00 a.m., and the Court of King’s Bench of Alberta in the City of Edmonton on October 28, 2024 at 10:00 a.m. At these hearings, the Courts will determine whether the Settlement is fair, reasonable and in the best interests of the Class Members.
Class Members who do not oppose the settlement are not required to appear at the approval hearings or take any other action at this time. Class Members who consider it desirable or necessary to seek the advice and guidance of their own lawyers may do so at their own expense.
At the approval hearings, the Courts will consider objections to the Settlement by the Class Members if the objections are submitted in writing, by prepaid mail or email to either of the Class Counsel’s addresses below postmarked no later than 10 days before the first approval hearing.
A written objection should include the following information:
- the objector’s name, current mailing address, telephone number, fax number and email address;
- the reason why the objector believes that they are a Class Member;
- a brief statement of the nature of and reasons for the objection; and
- whether the objector intends to appear at the hearing in person or by counsel, and, if by counsel, the name, address, telephone number, fax number and email address of counsel.
C. Questions about the Settlement
This notice contains only a summary of the Settlement and Class Members are encouraged to review the complete Settlement Agreement. If you have questions that are not answered online, please contact the appropriate Class Counsel identified below.
The law firms Lemer & Company and Harris & Company represent Class Members in the BC Action and the Alberta Action. They can be reached at:
| Lemer & Company 301-1095 West Pender Vancouver, BC V6E 2M6 Attn: Bruce W. Lemer |
Harris & Company 14th Floor, 550 Burrard St. Vancouver, BC V6C 2B5 Attn: Arthur M. Grant |
| Phone: 778-383-7277 Fax: 778-383-7278 |
Phone: 236-260-1604 Fax: 604-684-6632 |
| blemer@lemerlaw.ca | AGrant@harrisco.com |
| www.lemerlaw.ca | https://harrisco.com/lawyers/arthur-m-grant/ |
INQUIRIES SHOULD NOT BE DIRECTED TO THE COURTS.
D. Interpretation
This notice contains a summary of some of the terms of the Settlement Agreement. If there is a conflict between the provisions of this notice and the Settlement Agreement including the Schedules to the Settlement Agreement, the terms of the Settlement Agreement and/or the Court orders shall prevail.
III. Opt-Out Procedure
If you do not want to participate in the Class Actions, you must complete and send an Opt-Out Form by October 14, 2024 (the “Opt-Out Deadline”) to either of the Class Counsel at the addresses above.
If you opt-out by the Opt-Out Deadline, you may be able to bring your own lawsuit against TELUS, but you will not be entitled to participate in the Settlement.
Opt-Out Forms are available at telus.lemerlaw.ca or by contacting Class Counsel at the contact information provided above. All Class Members will be bound by the terms of the Settlement, unless they opt-out of these Class Actions.
IV. Additional Information
This notice is given to you on the basis that you may be a Class Member whose rights could be affected by the Class Actions. This notice should not be understood as an expression of any opinion of the Courts as to the merits of any claim or defences asserted in the Class Actions. Its sole purpose is to inform you of the Class Actions so that you may decide what steps to take in relation to it.
This notice contains a summary of the Class Actions and the Settlement Agreement. Further details regarding the Class Actions and the Settlement Agreement can be found on Class Counsel’s websites. Class Members are encouraged to visit the websites. If you have questions that are not answered online, please contact the appropriate Class Counsel identified above.
INQUIRIES SHOULD NOT BE DIRECTED TO THE COURTS.
| THIS NOTICE HAS BEEN APPROVED BY THE SUPREME COURT OF BRITISH COLUMBIA AND THE COURT OF KING’S BENCH OF ALBERTA |