Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
31383
Rogers Wireless Inc. v. Frederick I. Muroff
(Quebec) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2007-07-17 | Appeal closed | |
| 2007-07-16 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2007-07-16 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2007-07-13 |
Judgment on the appeal rendered, CJ Bi LeB F Abe Cha Ro, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-015854-052, dated January 31, 2006, heard on December 14, 2006, is allowed with costs in this Court only. The decision of the Court of Appeal is reversed and the decision of the Superior Court reinstated. Allowed, costs in this Court only |
|
| 2007-02-01 | Transcript received, (44 pages) | |
| 2007-01-19 | Respondent's book of authorities, (further to Court's letter of Dec. 21/06 re: Bill 48) (sent to the Court Jan. 22/07), Completed on: 2007-01-22 | Frederick I. Muroff |
| 2007-01-19 | Supplemental factum, of the respondent (further to Court's letter of Dec. 21/06 re: Bill 48) (CD-Rom rec'd Jan. 22/07) (sent to the Court Jan. 22/07), Completed on: 2007-01-22 | Frederick I. Muroff |
| 2007-01-19 | Appellant's book of authorities, (further to Court's letter of Dec. 21/06 re: Bill 48) (sent to the Court Jan. 22/07), Completed on: 2007-01-19 | Rogers Wireless Inc. |
| 2007-01-19 | Supplemental factum, of the appellant (further to Court's letter of Dec. 21/06 re: Bill 48)(sent to the Court Jan. 22/07), Completed on: 2007-01-19 | Rogers Wireless Inc. |
| 2006-12-21 | Correspondence (sent by the Court) to, the parties requesting by Jan. 19/07 written submissions on the impact of Bill 48 (joint with 31067) | |
| 2006-12-14 | Judgment reserved OR rendered with reasons to follow | |
| 2006-12-14 | Acknowledgement and consent for video taping of proceedings | |
| 2006-12-14 | Respondent's condensed book, 14 copies - distributed in Court. | Frederick I. Muroff |
| 2006-12-14 |
Hearing of the appeal, 2006-12-14, CJ Bi LeB F Abe Cha Ro Judgment reserved |
|
| 2006-12-04 | Notice of appearance, Pierre Y. Lefebvre, Eric Simard and Isabelle Deschamps will be appearing at the hearing. | Rogers Wireless Inc. |
| 2006-11-24 | Correspondence received from, Pierre Y. Lefebvre dated Nov. 23/06 re: further letter to the letter sent on Nov.16/06 (by fax) (sent to the judges Nov. 24/06) | Rogers Wireless Inc. |
| 2006-11-23 | Notice of appearance, Albert Greenspoon, Johanne Gagnon and Steve Whitter will be present at the hearing. | Frederick I. Muroff |
| 2006-11-21 | Appeal perfected for hearing | |
| 2006-11-17 | Respondent's book of authorities, Vol. I and II, Completed on: 2006-11-21 | Frederick I. Muroff |
| 2006-11-17 | Respondent's factum, (service to follow - Rec'd on November 21, 2006), Completed on: 2006-11-21 | Frederick I. Muroff |
| 2006-11-16 | Correspondence received from, Pierre Y. Levebvre dated Nov. 16/06 in response to Mr. Crane's letter of Nov. 15/06 (sent to the Court Nov. 17/06) | Rogers Wireless Inc. |
| 2006-11-15 | Correspondence received from, Brian A. Crane, Q.C. dated Nov. 15/06 joint with a copy of Bill 48 tabled in the Québec National Assembly (sent to the Court Nov. 17/06) | Frederick I. Muroff |
| 2006-09-28 | Appellant's record, (Vol. 1 & 2), Completed on: 2006-09-28 | Rogers Wireless Inc. |
| 2006-09-28 | Book of authorities, (Vol. 1 to 6), Completed on: 2006-09-28 | Rogers Wireless Inc. |
| 2006-09-28 | Appellant's factum, Completed on: 2006-09-28 | Rogers Wireless Inc. |
| 2006-08-25 | Notice of appeal, Completed on: 2006-08-25 | Rogers Wireless Inc. |
| 2006-08-24 |
Order by, the Court, F, The hearing of the above mentioned appeal is scheduled for December 14, 2006. IT IS ORDERED THAT: 1. the appelant's factum, record and book of authorities shall be served and filed on or before September 28, 2006; 2. the respondent's factum, record and book of authorities shall be served and filed on or before November 17, 2006; 3. any person interested in applying for leave to intervene shall serve and file their motion on or before October 13, 2006; 4. any interveners under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities on or before December 1, 2006. Granted |
|
| 2006-08-24 | Notice of hearing sent to parties | |
| 2006-08-24 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2006-08-23 | Correspondence received from, Brian A. Crane dated August 23, 2006. Re: Appointment of agent | Frederick I. Muroff |
| 2006-08-21 |
Appeal hearing scheduled, 2006-12-14 Judgment reserved |
|
| 2006-08-11 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2006-08-11 | Judgment on leave sent to the parties | |
| 2006-08-10 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montreal), Number 500-09-015854-052, dated January 31, 2006, is granted with costs to the applicant in any event of the cause. Granted, with costs to the applicant(s) in any event of the cause |
|
| 2006-05-29 | All materials on application for leave submitted to the Judges, Ba LeB F | |
| 2006-04-28 | Respondent's response on the application for leave to appeal, Completed on: 2006-04-28 | Frederick I. Muroff |
| 2006-04-04 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2006-04-03 | Supplemental document, Court of Appeal judgment on the stay of execution | Rogers Wireless Inc. |
| 2006-04-03 | Correspondence received from, Pierre Y. Lefebvre (conflict of interest) | Rogers Wireless Inc. |
| 2006-04-03 | Application for leave to appeal, Completed on: 2006-04-03 | Rogers Wireless Inc. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Rogers Wireless Inc. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Muroff, Frederick I. | Respondent | Active |
Counsel
Party: Rogers Wireless Inc.
Counsel
Eric Simard
Isabelle Deschamps
800, Place Victoria, Tour de la Bourse
Bureau 3400
Montréal, Quebec
H4Z 1E9
Telephone: (514) 397-7565
FAX: (514) 397-7600
Email: plefebvre@mtl.fasken.com
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Muroff, Frederick I.
Counsel
Albert A. Greenspoon
Steve Whitter
Bureau 2220
800, boul. René-Lévesque Ouest
Montréal, Quebec
H3B 1X9
Telephone: (514) 871-5315
FAX: (514) 875-7147
Email: jgagnon@kaufmanlaramee.com
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Rogers Wireless provides wireless communications services to several million subscribers in Canada. In 2004, as a result of roaming agreements entered into with various wireless operators in the United States, subscribers could use their devices in the United States for $0.95 a minute, except in certain excluded areas where the rate was $4.00 a minute. On November 10, 2004, the Respondent filed a motion in the Superior Court seeking authorization to institute a class action against Rogers Wireless on the basis that the fees charged for the excluded areas had not been sufficiently explained to subscribers and were abusive, harsh and unconscionable within the meaning of art. 1437 C.C.Q. and s. 8 of the Consumer Protection Act. He also alleged that the arbitration clause in the Roger Wireless contracts was abusive and had to be declared null. The action sought exemplary damages in addition to the reimbursement of fees found to be abusive that all subscribers with a wireless plan had been charged. Rogers Wireless filed a motion for declinatory exception ratione materiae in the Superior Court under arts. 164 and 940.1 C.C.P., alleging that only an arbitrator had jurisdiction to decide the Respondent’s application because of the arbitration clause governing disputes between the parties.
Lower court rulings
Superior Court of Quebec
500-06-000260-048
Requête de la demanderesse en irrecevabilité et requête en exception déclinatoire accueillies; requête pour autorisation d'exercer un recours collectif de l'intimé rejetée
Court of Appeal of Quebec (Montréal)
500-09-015854-052
Appel de l'intimé accueilli et dossier retourné à la Cour supérieure afin qu'elle décide du caractère abusif de la clause d'arbitrage
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available