Consumer Arbitration and Class Actions: The impact of Dell Computer Corp. v. Union des consommateurs (ABSTRACT)
published: 2007 | Research publication | Refereed Journal - Policy
McGill, S., "Consumer Arbitration and Class Actions: The impact of Dell Computer Corp. v. Union des consommateurs" 45(3) Canadian Business Law Journal 334 - 355 (December 2007)
ABSTRACT: The Supreme Court of Canada's 2007 judgment in Dell Computer Corp. v. Union des consommateurs delivers a blow to Quebec consumers, ignores class action policy and abdicates consumer protection responsibility to the legislature. Despite Dell's very Quebec specific reasoning, its impact may extend beyond Quebec into the common law jurisdictions. As a result, Canadian consumers are left with unequal access to consumer class actions, varying legislative protections and the expectation of inconsistent case by case assessment of consumer arbitration clauses.
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revised Sep 4/07
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