Quote:
In the suit, Mr. De Wolf alleged the monthly administrative fee coupled with interest charges was illegal. He alleged the two together meant that Bell ExpressVu was charging more than 60 per cent in annual interest, which violated the Criminal Code. According to court filings, about 33,000 ExpressVu customers are charged the administrative fee each month. The fee has since been raised to $25 and it is comparable to late fees charged by other companies.
Bell ExpressVu argued the fee was not an interest charge but was based on the cost the company incurred collecting overdue bills. The company also argued the class action shouldn't proceed because each customer has a different account and incurs different fees. In general, allegations in class actions must apply to all potential defendants in order to proceed to trial.
Mr. Justice Paul Perell rejected the company's arguments and certified the case. The judge said he regarded Bell ExpressVu's argument “as demonstrating the informal logical fallacy that students of logic know as ‘ignoratio elenchi,' which is the error of misstating an opponent's argument and then refuting the misstated argument and not the argument genuinely in dispute. This is sometimes known as a ‘straw man' argument.”
Judge Perell said Mr. De Wolf had demonstrated that there were enough common issues for all ExpressVu customers.
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http://www.theglobeandmail.com/servl...rexpressvu0214
Take that you awesome money sucking HDTV provider.