Dell (2007)

Dell: Consumer Class Actions Stifled

Last Friday, the Supreme Court of Canada ("SCC") released Dell Computer Corp. v Union des consommateurs, [2007] 2 SCR 801 [Dell], a major case which has implications on topics ranging from private international law to the ability of arbitrators to rule on the extent of their own jurisdictions. More notably, released alongside its companion case, Rogers […]

Is the Class Action a Public Order Institution?

Both the majority and dissent in two cases on arbitration clauses that came out of the Supreme Court of Canada ("SCC") on Friday, July 13 make statements in obiter to the effect that the class action is not a public order institution of Canadian law. Ironically, when the Dell Computer Corp. v Union des consommateurs, [2007] […]