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ARTICLE · 07 APRIL 2017

"Free for Life" Has Strings Attached For Lawyers

This decision was upheld by the Quebec Court of Appeal and the Supreme Court of Canada.

CanadaLitigation, Mediation & Arbitration

No, we will not let you go. – Queen, "Bohemian Rhapsody".

In the latest twist in the long-running attempt to settle Canada Post Corporation's ("Canada Post") "Free for Life" internet service program class action, the Quebec Superior Court has refused to permit the current plaintiff's lawyers to withdraw from representing the plaintiff class, despite the fact that neither the representative plaintiff nor the lawyers wish to continue the relationship.1

Background

As readers will recall, this case arises from Canada Post's marketing of a free lifetime internet service in 2000 and its decision the following year to suspend the provision of this service. Class actions by disgruntled consumers were launched in Quebec, Ontario and British Columbia. While the Quebec Court's decision on the plaintiff's authorization (certification) motion was under reserve, a settlement of the Ontario and British Columbia actions was reached. But there was a hitch – Canada Post demanded

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