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ARTICLE · 06 FEBRUARY 2024

Vidéotron C 9238-0831 Québec Inc (Caféier-Boustifo)

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This case arises in the context of a class action proceeding. Vidéotron appealed from a judgment refusing its request to modify the composition of the class to exclude...

CanadaLitigation, Mediation & Arbitration
Paule Hamelin
Paule Hamelin
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Quebec Court of Appeal dismisses motion for referral to arbitration as untimely.

Facts

This case arises in the context of a class action proceeding. Vidéotron appealed from a judgment refusing its request to modify the composition of the class to exclude persons who had entered a contract containing an arbitration clause (the Motion).

On April 23, 2018, Caféier-Boustifo filed an application for authorization to institute a class action against Télébec, Bell Canada, Vidéotron and Cogeco Connexion Inc. in relation to allegedly abusive contract termination clauses in telecommunications services contracts.

Before the hearing on the authorization to institute the class action, both Bell and Cogeco filed motions for declinatory exception (preliminary motions) on the basis that their contracts contained arbitration clauses. The Superior Court granted the motions and declined jurisdiction over them and their clients.

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