The Supreme Court of Canada will hear four appeals this week, including two class action lawsuits, one against TELUS Communications for not disclosing a pricing practise to customers, and the second against a religious order and an oratory in Montreal, alleging sexual abuse. The remaining appeals concern how trusts are handled under the Excise Tax Act in the event of insolvency, and whether an Ontario man should have been convicted of bank robbery based on DNA evidence.
November 6 – Ontario – TELUS Communications v. Wellman
Civil law, class actions: Avraham Wellman, the representative plaintiff, claims that TELUS overcharged customers by rounding up calls to the next minute without disclosing this practice. TELUS conceded that the effect of the Consumer Protection Act is that consumer-contract claims can proceed in court, but that non-consumer (i.e., business customer) claims are governed by TELUS’s mandatory arbitration clause in its contracts and should have been stayed. The Ontario Court of Appeal concluded that the motions judge was correct in refusing to stay the non-consumer claims pursuant to the Arbitration Act.