Appeal by the Appellant National Money Mart Co. from a decision dismissing its motion for a stay of a proposed class action because the class of proposed borrowers had all signed agreements requiring them to mediate and/or arbitrate their disputes with the Appellant

22. July 2014 0
Administrative law – Criminal matters – Consumer protection – Class proceedings application – Arbitration agreements – Judicial review – Stay of proceedings – Jurisdiction of court – Compliance with legislation – Statutory interpretation Briones v. National Money Mart Co., [2014] M.J. No. 154, 2014 MBCA 57, Manitoba Court of Appeal, June 5, 2014, M.A. Monnin, ...

The appellant, Ms. Seidel, successfully appealed a decision of the BC Court of Appeal, which held that her action against the respondent, TELUS, should be stayed because of an arbitration clause in her contract

26. April 2011 0
Administrative law – Class proceedings – Contracts – Arbitration agreements – Stay of proceedings – Jurisdiction – Compliance with legislation – Consumer protection – Public interest Seidel v. TELUS Communications Inc., [2011] S.C.J. No. 15, 2011 SCC 15, Supreme Court of Canada, March 18, 2011, McLachlin C.J. and Binnie, LeBel, Deschamps, Fish, Abella, Charron, Rothstein ...

The Appeal by Team Transport from the dismissal of its application for judicial review of the decision of two joint arbitrators was dismissed where the Court found that there was no reasonable apprehension of bias and Team Transport’s motive appeared to be a collateral attack on the legal validity of an Agreement which had been incorporated into an Order in Council, the constitutionality of which had been upheld

22. July 2008 0
Administrative law – Labour law – Arbitration – Arbitration agreements – Terms of agreement – Arbitrators – Powers – Judicial review – Appeals – Bias – Legislation – Orders-in-council – Validity – Jurisdiction Team Transport Services Ltd. v. Klair, [2008] B.C.J. No. 953, British Columbia Court of Appeal, May 28, 2008, M.A. Rowles, N.V. Newbury ...

An appeal was allowed of a case management judge’s decision to dismiss an application for a stay of a potential class proceeding, in the presence of an arbitration clause; the case was remitted to the case management judge for reconsideration in accordance with the Court of Appeal’s reasons. While certification of a class proceeding would render an arbitration agreement inoperative, that decision cannot be made before the court determines whether the proceeding will be certified.

24. November 2004 0
Administrative law – Judicial review – Class proceedings – Certification – Arbitration agreements – Statutory interpretation – Compliance with legislation – Stay of proceedings MacKinnon v. National Money Mart Co., [2004] B.C.J. No. 1961, British Columbia Court of Appeal, September 24, 2004, Esson, Saunders, Low, Levine and Thackray JJ.A. The sole named Plaintiff had brought ...