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ARTICLE · 22 MAY 2011

Supreme Court Rules On Arbitration Of Consumer Claims: Reality Or Myth?

Dentons Canada LLP
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On March 18 2011 the Supreme Court released its decision in "Seidel v TELUS Communications Inc." Ms Seidel had commenced an intended class action in the British Columbia Supreme Court notwithstanding the following arbitration clause in her contract with TELUS:

CanadaLitigation, Mediation & Arbitration
Michael Schafler
Michael Schafler
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Facts

On March 18 2011 the Supreme Court released its decision in Seidel v TELUS Communications Inc.1 Ms Seidel had commenced an intended class action in the British Columbia Supreme Court notwithstanding the following arbitration clause in her contract with TELUS:

"15. ARBITRATION: Any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise and whether pre-existing, present or future - except for the collection from you of any amount by TELUS Mobility) arising out of or relating to: (a) this agreement; (b) a phone or the service; (c) oral or written statements, or advertisements or promotions relating to this agreement or to a product or service; or (d) the relationships which result from this agreement (including relationships with third parties who are not parties to this agreement), (each, a "Claim") will be referred to and determined by private and confidential mediation before a single mediator chosen by

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