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Bell forced to pay costs in 911 fee case
Judge orders provider to dole out $338,000 in legal fees after losing last May

Daniel Campbell
Northern News Services
Published Saturday, March 22, 2014

SOMBA K'E/YELLOWKNIFE
Lawyers for James Anderson and Samuel Anderson, who won their case against Bell Mobility's 911 fees in the North last May, were awarded $338,546 in legal fees this week.

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James Anderson has won yet another court battle with Bell Mobility, after a judge ruled the company must pay $338,000 in legal fees. Anderson won his case against the cellphone provider in March when Justice Ronald Veale ruled the company wrongly applied 911 fees while not providing the service to Northern customers. - NNSL file photo

In a decision filed on March 17, Justice Ronald Veale noted the Andersons were "largely successful" in their case against Bell during a four-day trial in March of last year and should be entitled to costs.

Veale ruled the phone company wrongly charged thousands of Northern customers 911 fees while only providing the service in Whitehorse.

But the costs awarded are only half of what the lawyers originally asked for. Lawyers for the Andersons wanted $653,442 from Bell, to pay for their services at an hourly rate.

"The legal team from the very beginning has put in many more hours than they'll ever receive payment for," James said.

Despite the losses, James confirmed his lawyers would still be working on the case.

The Andersons launched their class-action suit in 2007. Anyone who paid the 75-cent monthly charge since April 10, 2010 in the North, outside Whitehorse, is a claimant.

Bell is appealing the ruling on 911 fees, which is set to begin Oct. 21 in Yellowknife.

James said he expects Bell will appeal the costs ruling as well.

Although he knew it would be a "long haul" to win his cases, James said he's still not sure why Bell continues to fight back in court.

"It's perplexing in that the costs that Bell would have incurred for their legal representation, plus the costs that they're compelled to pay our legal team ... to me it would have far exceeded the illegitimate 911 fees that Northern consumers paid."

James added he's incurred costs in the case as well.

"Victory? I'm not sure how you'd call it that. Even if you win you lose, I suppose."

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