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SCC Decision: July 13, 2007

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Dell 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