We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close
Focus On
NEW In-House Counsel | Insurance | Intellectual Property | Immigration | Natural Resources | Real Estate | Tax

Ontario court clarifies enforceability of arbitration clauses in class actions

Tuesday, June 06, 2017 @ 1:06 PM | By Amanda Jerome

The Ontario Court of Appeal has upheld a lower court’s decision to refuse a partial stay in a class action against TELUS Communications Company, highlighting the importance of considering legislation in the relevant jurisdiction when determining a case.

Lisa Fenech, Rochon Genova LLPIn Wellman v. TELUS Communications Company 2017 ONCA 433, with Justice Katherine van Rensburg presiding, the court heard that the representative plaintiff, Avraham Wellman (represented by Joel Rochon, Peter Jervis, Lisa Fenech, and Eliezer Karp of Rochon Genova LLP), claimed that TELUS Mobility overcharged by rounding...