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Bell is being taken to court over 911 charges billed to NWT residents despite the fact there is no 911 service in the territory. - NNSL Photo

SOMBA K'E/YELLOWKNIFE - The Supreme Court of the NWT dismissed a motion by Bell Mobility to strike a $6 million civil class action lawsuit against the company.

The suit, launched by Yellowknifer James Anderson, was brought against the cellphone provider over its charge for 911 service, which is not provided in Yellowknife or any community in the NWT. A written decision from the Supreme Court stated that there were grounds for the lawsuit to proceed.

Justice R.S. Veale stated in the decision dated Oct. 30 that "the plaintiff must plead facts that disclose a cause of action and they have done so. The defendant raises issues of law that may be determined after the evidence is heard."

Keith Landy, the Toronto-based lawyer representing Anderson, said if Bell does not appeal, the matter is scheduled to be heard in Supreme Court in May of 2009.

"It's gratifying the courts have seen fit to let the matter proceed," said Anderson.

Anderson's son, Samuel, is also listed as a plaintiff and joined the lawsuit shortly after it was originally filed.

"In my son's case he has a package (with Bell Mobility) and the 911 fee is not segregated," explained Anderson.

He said his son was added to the suit because then both types of fees Bell charges, those that are separate and part of a package, are included in the lawsuit.

If Anderson is successful, the money awarded by the courts will be divided among all Bell Mobility customers who do not have 911 service.

"I know that we have a great legal team," said Anderson. "I have great confidence in them."

Julie Smithers, a spokesperson for Bell Mobility in Toronto, said there wasn't much the company could say given it was an ongoing legal matter. She did add that Bell Mobility believes the lawsuit is "without merit."

"The decision last week was a technical decision and not related to the merits of the case. So Bell is considering its next steps in the case."