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OUR FIRM
COMPLETED CLASS ACTIONS

Bartolome v. Cashnow Solutions Inc. (Vancouver Reg. No. S045479)

Mark Mounteer and Mathew Good of Bennett Mounteer LLP acted as counsel for the Plaintiff Class.  This action involved allegations that Cashnow had charged payday loan fees in contravention of the Criminal Code.  In a settlement approved by Madam Justice Griffin on September 16, 2011, Cashnow agreed to a settlement which provided for a refund to claimants of 93.42% of all amounts paid in excess of the lawful rate.

Ayrton v. Payroll Loans Ltd. et al. (Calgary Reg. No. 0301-15879)

Paul Bennett and Mark Mounteer of Bennett Mounteer LLP along with Craig Gillespie or Cuming & Gillespie acted as counsel for the Plaintiff Class.  This action involved allegations that the Payroll Loans business (later Mogo) had charged payday loan fees in contravention of the Criminal Code in Alberta. In a settlement approved by Madam Justice Griffin on November 15, 2010, the Defendants agreed to a settlement of more than $3 million which provided for a refund to claimants of either 35.66% or 41.9% (depending on when the loans fees were paid) of all amounts paid in excess of the lawful rate.

Bodnar v. Payroll Loans Ltd. et al. (Vancouver Reg. No. L051078)

Paul Bennett and Mark Mounteer of Bennett Mounteer LLP acted as counsel for the Plaintiff Class.  This action involved allegations that the Payroll Loans business (later Mogo) had charged payday loan fees in contravention of the Criminal Code in BC.  In a settlement approved by Madam Justice Griffin on November 3, 2010, the Defendants agreed to a settlement of more than $3 million which provided for a refund to claimants of either 35.66% or 41.9% (depending on when the loans fees were paid) of all amounts paid in excess of the lawful rate.

Bartolome v. Nationwide Payday Advance Inc. (Vancouver Reg. No. L051075)

Paul Bennett and Mark Mounteer of Bennett Mounteer LLP acted as counsel for the Plaintiff Class.  This action involved allegations that Nationwide (operating as 310 Loans) had charged payday loan fees in contravention of the Criminal Code.  In a settlement approved by Madam Justice Griffin on October 13, 2010, Mr. Payday agreed to a settlement of $762,884 which provided for a full refund to claimants of all amounts paid in excess of the lawful rate.

Bartolome v. Mr. Payday Easy Loans Inc. et al. (Vancouver Reg. No. L051079)

Paul Bennett and Mark Mounteer of Bennett Mounteer LLP acted as counsel for the Plaintiff Class.  This action involved allegations that Mr. Payday had charged payday loan fees in contravention of the Criminal Code.  In a settlement approved by Madam Justice Griffin on October 13, 2010, Mr. Payday agreed to a settlement of $430,000 which provided for a refund to claimants of 31% of all amounts paid in excess of the lawful rate.

Mackinnon v. National Money Mart et al. (Vancouver Reg. No. S030527)

Paul Bennett and Mark Mounteer of Bennett Mounteer LLP acted as counsel for the Plaintiff Class.  This action involved allegations that Money Mart had charged payday loan fees in contravention of the Criminal Code.  In a settlement approved by Madam Justice Greyell on July 19, 2010, Money Mart agreed to a settlement valued at $24.75 million, which provided for a refund to claimants of approximately 26% of all amounts paid in excess of the lawful rate.

Casavant v. Cash Money Cheque Cashing Inc. (Vancouver Reg. No. S081390)

Paul Bennett and Mark Mounteer of Bennett Mounteer LLP acted as counsel for the Plaintiff Class.  This action involved allegations that Cash Money had charged payday loan fees in contravention of the Criminal Code.  In a settlement approved by Madam Justice Dickson on February 2, 2010, Cash Money agreed to a settlement of $1.2 million, which provided for a refund to claimants of approximately 86.3% of all amounts paid in excess of the lawful rate.

Parsons v. Coast Capital Savings Credit Union (Vancouver Reg. No.S042413)

Paul Bennett and Mark Mounteer of Bennett Mounteer LLP acted as counsel for the Plaintiff Class. This action involved allegations that Coast Capital had charged overdraft fees in contravention of the Criminal Code. In a settlement approved by Madam Justice Garson on February 23, 2009, Coast Capital agreed to refund to each class member either 80% or 60% (depending on when the fee was charged) of each qualifying overdraft fee they paid between April 30, 1994 and March 6, 2003. The total value of the settlement was $4.85 million.

Sharbern Holdings Inc. v. Vancouver Airport Centre Ltd. (Vancouver Reg. S033260)

R.J. Randall Hordo, Q.C. of Bennett Mounteer LLP acted as defense counsel for a development group. This class action involved allegations of misrepresentation in the developer’s prospectus regarding financial returns and management arrangements for a strata investment project for a Hilton hotel in Richmond, B.C. Claims for financial negligent misrepresentation and fraud were defeated at trial, and  claims for misrepresentation concerning conflicts of interest, breach of fiduciary duty and the claims founded on the deemed reliance provisions in the Real Estate  Act were defeated on appeal. The Court of Appeal’s judgment was subsequently upheld on appeal to the Supreme Court of Canada.

Kilroy v. Money Sense Check Services Inc. (Vancouver Reg. No. S053297)

Paul Bennett and Mark Mounteer of Bennett Mounteer LLP acted as counsel for the Plaintiff Class.  This action involved allegations that Money Sense had charged payday loan fees in contravention of the Criminal Code.  In a settlement approved by Madam Justice Brown on October 6, 2005, Money Sense agreed to return to class members all amounts received in excess of the lawful rate.

MacKinnon v. Vancouver City Saving Credit Union City (Vancouver Reg. No. S030681)

Paul Bennett and Mark Mounteer of Bennett Mounteer LLP acted as counsel for the Plaintiff Class.  This action involved allegations that VanCity had charged overdraft fees in contravention of the Criminal Code.  In a settlement approved by Mr. Justice Tysoe on November 17, 2004, VanCity agreed to refund to each class member either 80% or 50% (depending on the type of account) of each qualifying overdraft fee they paid between February 5, 1997 and November 17, 2004. The total value of the settlement was estimated to be $3.6 million.