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Smith Estate v. National Money Mart Co.: what you need to know about the conflict between arbitration and class proceedings statutes in Ontario

Borden Ladner Gervais LLP
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Canada
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December 31 2008

The following recent Ontario Court of Appeal decision will be of interest to businesses dealing with retail customers where arbitration clauses are included in the consumer contracts

A company’s standard terms and conditions of sale may not control unless the customer has had an opportunity to review them in advance of delivery

Masuda Funai Eifert & Mitchell Ltd
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USA
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February 29 2008

An Illinois Appellate Court recently upheld a finding of procedural unconscionability of an arbitration clause contained within a “Customer Agreement” where the parties were in disparate bargaining positions, the agreement was a pre-printed form contract, the agreement was not mailed to the consumer until after she had already purchased satellite television equipment and contracted for satellite service, and the consumer was left with no “meaningful choice” in deciding whether to accept certain portions of the agreement

Arbitration clauses, consumer contracts and class proceedings: the Canadian approach

McCarthy Tétrault LLP
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Canada
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August 2 2007

The limited Canadian case law dealing with the enforceability of mandatory arbitration clauses in consumer contracts has been inconsistent, with courts in Ontario, British Columbia and Québec reaching somewhat different conclusions

Arbitration provision upheld despite competing agreements

Katten Muchin Rosenman LLP
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USA
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October 2 2009

The District Court for the Western District of Pennsylvania compelled arbitration of investors’ claims based on an arbitration provision in subscription agreements despite the fact that the limited partnership agreement, which included an integration clause, contained no arbitration clause

Arbitration, consumer contract and transitional law

Dentons
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Canada
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April 30 2008

One can easily recall in the aftermath of the Dell case, heard by the Supreme Court in December of 2006 further to which, the National Assembly of Quebec modified the Consumer Protection Act (R.S.Q. c. P-40.1, the "Act") and added section 11.1 on December 14, 2006 so as to prohibit the use of any stipulation in a consumer contract forcing the consumer to refer a dispute to arbitration or the use of any clause prohibiting the consumer from bringing a class action

Doerhoff v General Growth Properties Inc

Wiley Rein LLP
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USA
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June 15 2007

The recipient of a shopping mall gift card filed a putative nationwide class action against the issuer to recover an $8 service charge that had been imposed after 12 months of non-use

Massachusetts Supreme Judicial Court holds sale terms mandating individualized arbitration of claims violate public policy of unfair and deceptive practices statute favoring classwide resolution of small-value consumer claims

Foley Hoag LLP
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USA
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August 31 2009

In Feeney v. Dell, Inc., 454 Mass. 192 (2009), plaintiffs filed a putative class action claiming defendant computer manufacturer had violated Mass. Gen. L. ch. 93A, the Massachusetts unfair and deceptive practices statute, by collecting sales tax on plaintiffs’ purchase of service contracts when no such tax was actually due

Lobster Group Ltd v Heidelberg Graphic Equipment Ltd & anr

Fenwick Elliott Solicitors
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United Kingdom
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April 2 2008

It is well known that, where a claiming party is a limited company, under section 726(1) of the 1985 Companies Act, if it appears by credible testimony that there is a reasonable belief that the company will be unable to pay the defending party's costs if its claim fails, then it may be required to provide security for the defending party's costs

Playing by the rules dispute resolution clauses to be strictly enforced

Norton Rose LLP
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Australia
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September 21 2009

The age old proclamation "we’ll see you in court" has been limited by the recent Victorian Supreme Court decision of 1144 Nepean Highway Pty Ltd v Leigh Mardon Australasia Pty Ltd 2009 VSC 226

Follow the clause or face the consequences

Nabarro LLP
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United Kingdom
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November 1 2007

In the recent case of Douglas Harper v Interchange Group Ltd the court decided, amongst other things, that the claimant’s claims in respect of underpaid commission failed because he had failed to invoke the dispute resolution mechanism set out in the contract

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Search results

Smith Estate v. National Money Mart Co.: what you need to know about the conflict between arbitration and class proceedings statutes in Ontario

A company’s standard terms and conditions of sale may not control unless the customer has had an opportunity to review them in advance of delivery

Arbitration clauses, consumer contracts and class proceedings: the Canadian approach

Arbitration provision upheld despite competing agreements

Arbitration, consumer contract and transitional law

Doerhoff v General Growth Properties Inc

Massachusetts Supreme Judicial Court holds sale terms mandating individualized arbitration of claims violate public policy of unfair and deceptive practices statute favoring classwide resolution of small-value consumer claims

Lobster Group Ltd v Heidelberg Graphic Equipment Ltd & anr

Playing by the rules dispute resolution clauses to be strictly enforced

Follow the clause or face the consequences

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