ADR
SCC Decision: July 13, 2007
Submitted by Andrew Pilliar on Fri, 2007-07-13 07:55Rogers Wireless Inc. v. Muroff, 2007 SCC 35
Click here to link to the full judgment.
(Arbitration clause / class action / jurisdiction of superior court / consumer protection)
While using his Rogers cell phone in the United States, the plaintiff incurred $4 per minute roaming charges. The plaintiff wanted to commence a class action against Rogers, but the contract contained an arbitration clause that expressly prohibited class actions. The plaintiff challenged both the $4 per minute charge and the arbitration clause on the basis that they were abusive. Applying the principles set out in Dell Computer Corp. v. Union des consommateurs, 2007 SCC 34, the court held that the trial judge was correct to renounce jurisdiction in favour of arbitration.
Majority/Concurring: 6/1
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YahooSCC Decision: July 13, 2007
Submitted by Andrew Pilliar on Fri, 2007-07-13 07:54Dell Computer Corp. v. Union des consommateurs, 2007 SCC 34
Click here to link to the full judgment.
(Arbitration clause / class action / jurisdiction of superior court / consumer protection)
By mistake, the prices of computers for sale on Dell’s website were far lower than they should have been. The plaintiff purchased some of the under-priced computers and when Dell refused to complete those transactions, the plaintiff wanted to bring a class action against Dell. Dell relied on the arbitration clause in the contract and said that the matter should be referred to arbitration. The majority of the court held that the claim should be referred to arbitration and that the motion for authorization to institute a class action should be dismissed.
Majority/Dissent: 6/3
