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SCC Decision: July 13, 2007

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Rogers 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