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37722

TELUS Communications Inc. v. Avraham Wellman

(Ontario) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2022-01-31 Appeal closed
2022-01-31 Order on miscellaneous motion, by Justice Moldaver (sent to parties electronically)
2022-01-31 Order on motion to extend time, by Justice Moldaver
2022-01-31 Decision on miscellaneous motion, Mo, UPON JOINT APPLICATION by the appellant and respondent for an order to extend the time
to serve and file a motion for clarification and for clarification in the above appeal;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motion for an extension of time is granted.

The motion for clarification is dismissed for the following reasons:
It is clear that at para. 105 of the reasons in TELUS Communications Inc. v. Wellman, 2019 SCC 19, [2019] 2 S.C.R. 144, released on April 4, 2019, the entire cost award issued by the Ontario Superior Court of Justice on November 25, 2014, was set aside.

Dismissed
2022-01-31 Decision on motion to extend time, Mo, see judgment above
Granted
2022-01-31 Submission of miscellaneous motion, Mo
2022-01-31 Submission of motion to extend time, Mo
2022-01-14 Notice of miscellaneous motion, (Book Form), (for clarification), Completed on: 2022-01-31 TELUS Communications Inc.
2022-01-14 Motion to extend time, (Book Form), (joint motion by appellant and respondent)
MISSING:
Filing Fee, Incomplete, (Printed version due on 2022-01-21) 		TELUS Communications Inc.
2019-07-09 Correspondence (sent by the Court) to, Professor Jennifer Koshan, Associate Professor Shaun Fluker and Assistant Professor David V. Wright
2019-05-03 Correspondence received, from Jennifer Koshan.
2019-04-05 Formal judgment sent to the registrar of the court of appeal and all parties
2019-04-05 Judgment on appeal and notice of deposit of judgment sent to all parties
2019-04-04 Judgment on the appeal rendered, CJ Abe Mo Ka Ga Côt Br Row Mar, The appeal from the judgment of the Court of Appeal for Ontario, Number C59812, 2017 ONCA 433, dated May 31, 2017, heard on November 6, 2018, is allowed. The claims of the non-consumers are stayed. TELUS is awarded its costs in this Court and in the Court of Appeal. The cost award made by the Superior Court is set aside. Wagner C.J. and Abella, Karakatsanis and Martin JJ. dissent.
Allowed, with costs
2018-11-16 Transcript received, 140 pages
2018-11-06 Judgment reserved OR rendered with reasons to follow
2018-11-06 Hearing of the appeal, 2018-11-06, CJ Abe Mo Ka Ga Côt Br Row Mar
Decision reserved
2018-11-06 Intervener's condensed book, (Book Form), 14 copies (Submitted in Court) Consumers' Association of Canada
2018-11-06 Intervener's condensed book, (Book Form), 14 copies (Submitted in Court) Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2018-11-06 Intervener's condensed book, (Book Form), 14 copies (Submitted in Court) Attorney General of British Columbia
2018-11-06 Respondent's condensed book, (Book Form), 14 copies (Submitted in Court) Avraham Wellman
2018-11-06 Appellant's condensed book, (Book Form), 14 copies (Submitted in Court) TELUS Communications Inc.
2018-11-02 Correspondence received from, Eli Karp will also be present at the hearing. Avraham Wellman
2018-11-01 Respondent's record, (Book Form), Supplemental Record, Completed on: 2018-11-01 Avraham Wellman
2018-10-29 Notice of appearance, (Letter Form), Daniel E. H. Bach and Tyler J. Planeta will be present at the hearing. Mr. Bach will present oral arguments. Consumers' Association of Canada
2018-10-24 Notice of appearance, (Letter Form), Joel P. Rochon, Peter R. Jervis and Golnaz Nayerahmadi will be present at the hearing. Mr. Rochon and Mr. Jervis will present oral arguments. Avraham Wellman
2018-10-24 Notice of appearance, (Letter Form), Mohsen Seddigh and Daniel Hamson will be present at the hearing. Mr. Seddigh will present oral arguments. Public Interest Advocacy Centre
2018-10-23 Correspondence received from, (Letter Form), Request for a total of 10 minutes for oral arguments at the hearing of the appeal, and a request to have law student sit at counsel table. Canadian Federation of Independent Business
2018-10-23 Notice of appearance, (Letter Form), Mr. Anthony Daimsis will be present at the hearing and will present oral arguments. Canadian Federation of Independent Business
2018-10-23 Notice of appearance, (Letter Form), Marina Pavlovic and Cynthia Khoo will be present at the hearing. Ms. Pavlovic will present oral arguments. Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2018-10-23 Correspondence received from, (Letter Form), 2 reserved seats requested TELUS Communications Inc.
2018-10-23 Notice of appearance, (Letter Form), D. Geoffrey Cowper, Q.C., Andrew D. Borrell, Alexandra Mitretodis and Alan Dabb will be present at the hearing. Mr. Cowper will present oral arguments. TELUS Communications Inc.
2018-10-23 Notice of appearance, (Letter Form), Brandon Kain, Adam Goldenberg and Ljiljana Stanic will be present at the hearing. Mr. Kain will present oral arguments. Canadian Chamber of Commerce
2018-10-23 Notice of appearance, (Letter Form), Jonathan Eades and James L. Maxwell will be present at the hearing. Mr. Eades will present oral arguments. Attorney General of British Columbia
2018-10-04 Reply factum on appeal, (Book Form), Completed on: 2018-10-04 Avraham Wellman
2018-10-04 Reply factum on appeal, (Book Form), Completed on: 2018-10-04 TELUS Communications Inc.
2018-10-04 Notice of appearance, (Letter Form), Michael Eizenga, Andrew Little, Ranjan Agarwal and Charlotte Harman will be present at the hearing. Mr. Eizenga will present oral arguments. ADR Chambers Inc.
2018-09-27 Intervener's book of authorities, (Book Form), Completed on: 2018-09-27 Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2018-09-27 Intervener's factum, (Book Form), Completed on: 2018-09-27 Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2018-09-27 Intervener's factum, (Book Form), Completed on: 2018-09-27 Public Interest Advocacy Centre
2018-09-27 Intervener's factum, (Book Form), Completed on: 2018-09-27 Canadian Federation of Independent Business
2018-09-27 Certificate (on limitations to public access), (Letter Form) Canadian Chamber of Commerce
2018-09-27 Intervener's book of authorities, (Book Form), Completed on: 2018-09-27 Canadian Chamber of Commerce
2018-09-27 Intervener's factum, (Book Form), Completed on: 2018-09-27 Canadian Chamber of Commerce
2018-09-27 Certificate (on limitations to public access), (Letter Form) ADR Chambers Inc.
2018-09-27 Intervener's factum, (Book Form), Completed on: 2018-09-27 ADR Chambers Inc.
2018-09-27 Intervener's factum, (Book Form), Completed on: 2018-09-27 Consumers' Association of Canada
2018-09-27 Intervener's book of authorities, (Book Form), Completed on: 2018-09-27 Attorney General of British Columbia
2018-09-27 Intervener's factum, (Book Form), Completed on: 2018-09-27 Attorney General of British Columbia
2018-09-20 Order on motion to file a reply factum on appeal, (by MARTIN J.)
2018-09-20 Decision on the motion to file a reply factum on appeal, Mar,
UPON APPLICATION by the appellant for an order granting permission to serve and file a factum not exceeding five (5) pages in reply to the factums of the interveners, on or before October 4, 2018;
AND THE MATERIAL FILED having been read;
AND NOTING THAT the respondent takes no position on the motion;
IT IS HEREBY ORDERED THAT:
The motion is granted.
Granted
2018-09-20 Submission of motion to file a reply factum on appeal, Mar
2018-09-07 Response to motion to file a reply factum on appeal, (Letter Form), Completed on: 2018-09-07 Avraham Wellman
2018-08-29 Motion to file a reply factum on appeal, (Book Form), Payment missing (received 2018-08-30)., Completed on: 2018-08-30 TELUS Communications Inc.
2018-08-28 Notice of hearing sent to parties
2018-08-21 Correspondence received from, (Letter Form), D. Geoffrey G. Cowper, Q.C.. Request for permission to file a reply factum to the interventions. TELUS Communications Inc.
2018-08-20 Appeal hearing scheduled, 2018-11-06
Decision reserved
2018-08-16 Order on motion for leave to intervene, (by MARTIN J.)
2018-08-16 Decision on the motion for leave to intervene, Mar,
UPON APPLICATION by the Attorney General of British Columbia, ADR Chambers Inc., the Canadian Chamber of Commerce, the Consumers Council of Canada, the Public Interest Advocacy Centre, the Canadian Federation of Independent Business, the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic and the Consumers’ Association of Canada for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene are granted.
The Attorney General of British Columbia, ADR Chambers Inc., the Canadian Chamber of Commerce, the Canadian Federation of Independent Business, the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic and the Consumers’ Association of Canada shall be entitled to each serve and file a factum not to exceed ten (10) pages in length on or before September 27, 2018, and are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
The Consumers Council of Canada and the Public Interest Advocacy Centre shall be entitled to jointly serve and file a factum not to exceed ten (10) pages in length on or before September 27, 2018, and are granted permission to present joint oral argument not exceeding five (5) minutes at the hearing of the appeal.
The respondent is granted permission to serve and file a factum not exceeding five (5) pages in reply to these interventions on or before October 4, 2018.
The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and respondent any additional disbursements resulting from their interventions.
Granted
2018-08-16 Submission of motion for leave to intervene, Mar
2018-08-16 Appeal perfected for hearing
2018-08-13 Certificate of counsel (attesting to record), (Letter Form) Avraham Wellman
2018-08-13 Respondent's book of authorities, (Book Form), Completed on: 2018-08-13 Avraham Wellman
2018-08-13 Respondent's record, (Book Form), Completed on: 2018-08-13 Avraham Wellman
2018-08-13 Respondent's factum, (Book Form), Completed on: 2018-08-13 Avraham Wellman
2018-08-01 Correspondence (sent by the Court) to, the respondent and the Attorney General of British Columbia. Letter from the Registrar regarding the filing deadlines.
2018-07-31 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2018-07-31 Attorney General of British Columbia
2018-07-31 Reply to the motion for leave to intervene, (Letter Form), joint with the Public Interest Advocacy Centre., Completed on: 2018-07-31 Public Interest Advocacy Centre
2018-07-30 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2018-07-30 Canadian Federation of Independent Business
2018-07-30 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2018-07-30 Consumers' Association of Canada
2018-07-26 Response to the motion for leave to intervene, Completed on: 2018-07-26 Avraham Wellman
2018-07-24 Response to the motion for leave to intervene, (Letter Form), Completed on: 2018-07-24 TELUS Communications Inc.
2018-07-23 Response to the motion for leave to intervene, (Book Form), Completed on: 2018-07-23 TELUS Communications Inc.
2018-07-17 Notice of name, (Letter Form) Canadian Federation of Independent Business
2018-07-16 Notice of name, (Letter Form) Consumers' Association of Canada
2018-07-16 Motion for leave to intervene, (Book Form), Completed on: 2018-07-16, (Electronic version filed on 2018-07-17) Consumers' Association of Canada
2018-07-16 Notice of name, (Letter Form) Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2018-07-16 Motion for leave to intervene, (Book Form), Completed on: 2018-07-16 Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic
2018-07-16 Motion for leave to intervene, (Book Form), Form 14 missing (received 2018-07-17)., Completed on: 2018-07-17 Canadian Federation of Independent Business
2018-07-13 Notice of name, (Letter Form) Attorney General of British Columbia
2018-07-13 Motion for leave to intervene, (Book Form), Completed on: 2018-07-13, (Printed version filed on 2018-07-18) Attorney General of British Columbia
2018-07-13 Certificate (on limitations to public access), (Letter Form) Public Interest Advocacy Centre
2018-07-13 Notice of name, (Letter Form) Public Interest Advocacy Centre
2018-07-13 Motion for leave to intervene, (Book Form), 1 copy missing (received 2018-07-16)., Completed on: 2018-07-17 Public Interest Advocacy Centre
2018-07-13 Certificate (on limitations to public access), (Letter Form) Consumers Council of Canada
2018-07-13 Notice of name, (Letter Form) Consumers Council of Canada
2018-07-13 Motion for leave to intervene, (Book Form), 1 copy missing (received 2018-07-16)., Completed on: 2018-07-17 Consumers Council of Canada
2018-07-13 Notice of name, (Letter Form) ADR Chambers Inc.
2018-07-13 Notice of name, (Letter Form) Canadian Chamber of Commerce
2018-07-13 Motion for leave to intervene, (Book Form), Payment missing (received 2018-07-19)., Completed on: 2018-07-19 Canadian Chamber of Commerce
2018-07-12 Motion for leave to intervene, (Book Form), Form 14 missing (received 2018-07-13)., Completed on: 2018-07-16 ADR Chambers Inc.
2018-06-19 Certificate of counsel (attesting to record), (Letter Form) TELUS Communications Inc.
2018-06-18 Appellant's book of authorities, (Book Form), Completed on: 2018-06-18 TELUS Communications Inc.
2018-06-18 Appellant's record, (Book Form), Certificate 24 missing-rec'd 2018/06/19, Completed on: 2018-06-19 TELUS Communications Inc.
2018-06-18 Appellant's factum, (Book Form), Completed on: 2018-06-18 TELUS Communications Inc.
2018-04-23 Notice of appeal, (Letter Form), Completed on: 2018-04-23 TELUS Communications Inc.
2018-03-28 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2018-03-23 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2018-03-23 Judgment on leave sent to the parties
2018-03-22 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 for Ontario, Number C59812, 2017 ONCA 433, dated May 31, 2017, is granted with costs in the cause.
Granted, with costs in the cause
2018-02-19 All materials on application for leave submitted to the Judges, for consideration by the Court
2018-01-29 Correspondence received from, (Letter Form), Yael Wexler (by email). Sophie Arseneault is agent for the applicant. TELUS Communications Inc.
2017-10-27 Correspondence received from, (Letter Form), TELUS Communications Company no longer exists, and all assets and liabilities have been transferred to TELUS Communications Inc. Request change name of application without a formal motion. TELUS Communications Inc.
2017-10-10 Applicant's reply to respondent's argument, (Letter Form), Completed on: 2017-10-10 TELUS Communications Inc.
2017-10-02 Certificate (on limitations to public access) Avraham Wellman
2017-10-02 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-10-02 Avraham Wellman
2017-09-18 Correspondence received from, (Letter Form), Return of the CA Order Form; Order will be filed 2017/09/22 TELUS Communications Inc.
2017-09-01 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2017/09/01
2017-08-30 Notice of name, (Letter Form) TELUS Communications Inc.
2017-08-30 Certificate (on limitations to public access), (Letter Form) TELUS Communications Inc.
2017-08-30 Application for leave to appeal, (Book Form), CA Order missing-rec'd 2017/09/20, Completed on: 2017-09-20 TELUS Communications 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

Main parties - Appellants
Name Role Status
TELUS Communications Inc. Appellant Active

v.

Main parties - Respondents
Name Role Status
Wellman, Avraham Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of British Columbia Intervener Active
ADR Chambers Inc. Intervener Active
Canadian Chamber of Commerce Intervener Active
Public Interest Advocacy Centre Intervener Active
Consumers Council of Canada Intervener Active
Canadian Federation of Independent Business Intervener Active
Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic Intervener Active
Consumers' Association of Canada Intervener Active

Counsel

Party: TELUS Communications Inc.

Counsel
D. Geoffrey Cowper, K.C.
Gerald L. R. Ranking
Andrew Borrell
Alexandra Mitretodis
Fasken Martineau DuMoulin LLP
2900 - 550 Burrard Street
Vancouver, British Columbia
V6C 0A3
Telephone: (604) 631-3299
FAX: (604) 632-3185
Email: gcowper@fasken.com
Agent
Sophie Arseneault
Fasken Martineau DuMoulin LLP
55 rue Metcalfe
Bureau 1300
Ottawa, Ontario
K1P 6L5
Telephone: (613) 696-6904
FAX: (613) 230-6423
Email: sarseneault@fasken.com

Party: Wellman, Avraham

Counsel
Joel P. Rochon
Peter Jervis
Golnaz Nayerahmadi
Rochon Genova LLP
121 Richmond Street West
Suite 900
Toronto, Ontario
M5H 2K1
Telephone: (416) 363-1867
FAX: (416) 363-0263
Email: jrochon@rochongenova.com
Agent
Marie-France Major
Supreme Advocacy LLP
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca

Party: ADR Chambers Inc.

Counsel
Michael A. Eizenga
Andrew Little
Ranjan Agarwal
Charlotte Harman
Bennett Jones LLP
One First Canadian Place
Suite 3400, PO Box 130
Toronto, Ontario
M5X 1A4
Telephone: (416) 777-4879
FAX: (604) 891-5353
Email: eizengam@bennettjones.com
Agent
Mark Jewett, K.C.
Bennett Jones LLP
Suite 1900 World Exchange Plaza
45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 683-2300
FAX: (613) 683-2323
Email: jewettm@bennettjones.com

Party: Canadian Chamber of Commerce

Counsel
Brandon Kain
Adam Goldenberg
Ljiljana Stanic
McCarthy Tétrault LLP
Suite 5300
Toronto Dominion Bank Tower
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-7821
FAX: (416) 868-0673
Email: bkain@mccarthy.ca
Agent
Matthew Estabrooks
Gowling WLG (Canada) LLP
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com

Party: Consumers Council of Canada

Counsel
Mohsen Seddigh
Daniel Hamson
Sotos LLP
180 Dundas Street West
Suite 1200
Toronto, Ontario
M5G 1Z8
Telephone: (416) 572-7320
FAX: (416) 977-0717
Email: mseddigh@sotosllp.com
Agent
Alyssa Tomkins
CazaSaikaley LLP
350 - 220 avenue Laurier Ouest
Ottawa, Ontario
K1P 5Z9
Telephone: (613) 564-8269
FAX: (613) 565-2087
Email: atomkins@plaideurs.ca

Party: Public Interest Advocacy Centre

Counsel
Mohsen Seddigh
Daniel Hamson
Sotos LLP
180 Dundas Street West
Suite 1200
Toronto, Ontario
M5G 1Z8
Telephone: (416) 572-7320
FAX: (416) 977-0717
Email: mseddigh@sotosllp.com
Agent
Alyssa Tomkins
CazaSaikaley LLP
350 - 220 avenue Laurier Ouest
Ottawa, Ontario
K1P 5Z9
Telephone: (613) 564-8269
FAX: (613) 565-2087
Email: atomkins@plaideurs.ca

Party: Canadian Federation of Independent Business

Counsel
Anthony Daimsis
Canadian Federation of Independent Business (CFIB)
National Affairs and Partnerships
1202 - 99 Metcalfe Street
Ottawa, Ontario
K1P 6L7
Telephone: (613) 562-5800 Ext: 3211
FAX: (613) 562-5124
Email: adaimsis@uottawa.ca
Agent
David Fewer
Université d'Ottawa
Common Law Section
57 Louis Pasteur St.
Ottawa, Ontario
K1N 6N5
Telephone: (613) 562-5800 Ext: 2558
FAX: (613) 562-5417
Email: david.fewer@uottawa.ca

Party: Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic

Counsel
Marina Pavlovic
Samuelson-Glushko Canadian Internet Policy & Public Interest Clinic
University of Ottawa, Faculty of Law
57 Louis Pasteur Street
Ottawa, Ontario
K1N 6N5
Telephone: (613) 562-5800 Ext: 2675
FAX: (613) 562-5417
Email: marina.pavlovic@uottawa.ca
Agent
David Fewer
Université d'Ottawa
Common Law Section
57 Louis Pasteur St.
Ottawa, Ontario
K1N 6N5
Telephone: (613) 562-5800 Ext: 2558
FAX: (613) 562-5417
Email: david.fewer@uottawa.ca

Party: Consumers' Association of Canada

Counsel
Daniel Bach
Elizabeth deBoer
Tyler Planeta
Siskinds LLP
100 Lombard Street
Suite 302
Toronto, Ontario
M5C 1M3
Telephone: (416) 594-4376
FAX: (416) 594-4377
Email: daniel.bach@siskinds.com
Agent
Michael J. Sobkin
331 Somerset Street West
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca

Party: Attorney General of British Columbia

Counsel
Jonathan Eades
James Leo Maxwell
Attorney General of British Columbia
Legal Services Branch
1301-865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-3093
FAX: (604) 660-2636
Email: jonathan.eades@gov.bc.ca
Agent
Pierre Landry
Noël et Associés, s.e.n.c.r.l.
225, montée Paiment
2e étage
Gatineau, Quebec
J8P 6M7
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: p.landry@noelassocies.com

Summary

Keywords

Civil procedure - Class actions - Consumer protection - Arbitration - Whether the Court of Appeal erred in holding that s. 7(5) of the Arbitration Act permits a court to refuse to stay the claims of business customers that are subject to an enforceable arbitration agreement - Consumer Protection Act, 2002, S.O. 2002, c. 30, s. 7 - Arbitration Act, 1991, S.O. 1991, c. 17, s. 7(5).

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.

The action involves claims by consumer and business customers against TELUS Communications Inc. Mr. Wellman, the representative plaintiff claims that during the class period, TELUS overcharged customers by rounding up calls to the next minute without disclosing this practice. TELUS’ contracts contained standard terms and conditions, including a mandatory arbitration clause. TELUS conceded that the effect of s. 7(2) of the Consumer Protection Act, 2002, S.O. 2002, c. 30, Sched. A is that claims in respect of consumer contracts can proceed in court. It submits, however, that non-consumer claims, that is the claims of the business customer, are governed by the mandatory arbitration clause and ought to have been stayed.

The motions judge certified the class to include both consumers and non-consumers. It was determined that it would be unreasonable to separate the consumer and non-consumer claims and the motions judge declined to grant a partial stay. The issue on appeal was whether the motions judge erred in refusing to stay the non-consumer claims pursuant to s. 7(5) of the Arbitration Act, 1991, S.O. 1991, c. 17 which provides for a partial stay of court proceedings to be granted where an arbitration agreement deals with only some of the matters in respect of which the proceeding was commenced and it is reasonable to separate the matters dealt with in the agreement from the other matters. On appeal, it was concluded that the motions judge was correct in applying Griffin v. Dell Canada Inc., 2010 ONCA 29, 98 O.R. (3d) 481 to determine whether a partial stay of proceedings should be granted under s. 7(5) of the Arbitration Act in a proposed class proceeding involving both consumer and business customer claims. The appeal of TELUS was therefore dismissed.

Lower court rulings

November 25, 2014
Ontario Superior Court of Justice

2014 ONSC 3318, CV-08-00360837-CP00, CV-08-346438-CP00

Class action certified;
Partial stay of proceedings denied
May 31, 2017
Court of Appeal for Ontario

C59812, 2017 ONCA 433

Appeal dismissed

Memorandums of argument on application for leave to appeal

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 filing 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

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Factums on appeal

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.

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Date modified: 2025-02-27