In its recent ruling in TELUS Communications Inc. v
Wellman, 2019 SCC 19 (Wellman), the Supreme Court of
Canada held that business customers of TELUS that entered into
mandatory arbitration agreements cannot seek relief in court by
participating in a class action together with consumers.
In Wellman, a narrow majority of the Supreme Court
ruled that for consumers as a protected category of litigant, the
right to seek redress by way of class action takes precedence over
any contrary promise to resolve disputes through arbitration. For
all other litigants, however, the importance of enforcing an
arbitration agreement trumps the right of these parties to
participate in a class proceeding covering the same subject
matter.
