Note the recent decision of Charland vs. Hydro-Québec rendered on May 29th, 2018 by Justice Remnitz of the Québec Superior Court.
The Court dismissed the subject class action filed by Plaintiff against Hydro-Québec seeking a refund of administration fees which was described as “interest.”
It appears that the Plaintiff intentionally did not pay the hydro bill in order that an administration fee be imposed by Hydro-Québec, which she intended to contest in the subject class action. The Court held that the administration fees were not “interest” and the parties were not in a “lender/borrower” relationship.
It appears that the Judge considered Plaintiff the willful author of the alleged prejudice, since she knew and expected to be charged an administration fee and then submitted that said fee was an illegal interest charge.
Counsels must be careful in their analysis of potential class actions and the prior acts and intent of Plaintiffs in creating and leading any class action.