Consumer Arbitration Clauses And Class Actions – The Latest From The Supreme Court, July 2011
Date:
July 1 2011
In this article Michael Schafler discusses the decision released on March 18, 2011 by the Supreme Court of Canada in Seidel v. TELUS Communications Inc. 2011 SCC 15. In its decision the Supreme Court of Canada held, in a split 5-4 ruling, that in appropriate circumstances an arbitration clause in a consumer context will not oust a class action. The decision is particularly noteworthy for the rigorous dissenting reasons and is a must read for anyone who is engaged in class action or arbitration work.
First published in Possibilities, the CBA National ADR Section Newsletter, July 2011. This article may also be obtained on the CBA website.
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