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.
31067
Dell Computer Corporation v. Union des consommateurs, et al.
(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) |
|---|---|---|
| 2007-09-12 | Record returned to the Registrar of the Court of Appeal | |
| 2007-07-17 | Appeal closed | |
| 2007-07-16 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 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 Ba Bi LeB De F Abe Cha Ro, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-014209-043, dated May 30, 2005, heard on December 13, 2006, is allowed, the judgment of the Court of Appeal is reversed, Mr. Dumoulin's claim is referred to arbitration and the motion for authorization to institute a class action is dismissed, with costs. Bastarache, LeBel and Fish JJ. are dissenting. Allowed, with costs |
|
| 2007-02-01 | Transcript received, (81 pages) | |
| 2007-01-19 | Appellant's book of authorities, (further to the Court's letter of Dec. 21/06 re: bill 48) (sent to the Court Jan. 22/07), Completed on: 2007-01-19 | Dell Computer Corporation |
| 2007-01-19 | Supplemental factum, of the appellant (further to the 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 | Dell Computer Corporation |
| 2007-01-19 | Respondent's book of authorities, (further to the Court's letter of Dec. 21/06 re: bill 48) (sent to the Court Jan. 22/07), Completed on: 2007-01-25 | Union des consommateurs |
| 2007-01-19 | Supplemental factum, of the respondents (further to the Court's letter of Dec. 21/06 re: bill 48) (sent to the Court Jan. 22/07), Completed on: 2007-01-25 | Union des consommateurs |
| 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 31383) | |
| 2006-12-13 | Judgment reserved OR rendered with reasons to follow | |
| 2006-12-13 | Intervener's condensed book, Submitted in Court (14 copies) | Canadian Internet Policy and Public Interest Clinic and Public Interest Advocacy Centre |
| 2006-12-13 | Respondent's condensed book, Submitted in Court (14 copies) | Union des consommateurs |
| 2006-12-13 | Appellant's condensed book, Submitted in Court (14 copies) | Dell Computer Corporation |
| 2006-12-13 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2006-12-13 |
Hearing of the appeal, 2006-12-13, CJ Ba Bi LeB De F Abe Cha Ro Judgment reserved |
|
| 2006-12-08 | Correspondence received from, Mahmud Jamal dated December 8, 2006. Re: Order of Counsel at hearing. | Dell Computer Corporation |
| 2006-12-08 | Correspondence received from, Careen Hannouche dated December 8, 2006. Re: Order of counsel at hearing | Union des consommateurs |
| 2006-11-23 | Notice of appearance, Brian Casey and Janet Mills will be present at the hearing. | ADR Chambers Inc. |
| 2006-11-20 | Notice of appearance, Mistrale Goudreau and Philippa Lawson will be present at the hearing. | Canadian Internet Policy and Public Interest Clinic and Public Interest Advocacy Centre |
| 2006-11-17 | Notice of appearance, Mahmud Jamal, Anne-Marie Lizotte and Dominic Dupoy will be present at the hearing. | Dell Computer Corporation |
| 2006-11-14 | Notice of appearance, Pierre Bienvenu, Frédéric Bachand and Azim Hussain will be present at the hearing. | London Court of International Arbitration |
| 2006-11-14 | Notice of appearance, Stefan Martin and Margaret Weltrowska will be present at the hearing. | ADR Institute of Canada |
| 2006-11-10 | Notice of appearance, Ronald Bourguignon, Yves Lauzon and Careen Hannouche will be present at the hearing. | Union des consommateurs |
| 2006-10-31 | Supplemental document, Supplemental Authorities of the respondent (service to follow - rec'd on November 14, 2006), Completed on: 2006-11-15 | Union des consommateurs |
| 2006-10-31 | Reply factum on appeal, (service and CD rec'd Nov. 14/06), Completed on: 2006-11-15 | Union des consommateurs |
| 2006-10-05 | Response to motion to file a reply factum on appeal, (Letter Form), from S.Gomery dated October 5, 2006 (fax copy), Completed on: 2006-10-05 | London Court of International Arbitration |
| 2006-10-05 | Order on motion to file a reply factum on appeal | |
| 2006-10-05 |
Decision on the motion to file a reply factum on appeal, F, The motion is granted in part and that the respondents are authorized to file a single reply factum not exceeding 10 pages and a supplementary book of authorities in response to the factums of the interveners ADR Chambers Inc., ADR Institute of Canada and London Court of International Arbitration, which reply factum and supplementary book of authorities shall be served and filed on or before October 31, 2006. Allowed in part |
|
| 2006-10-05 | Submission of motion to file a reply factum on appeal, F | |
| 2006-10-04 | Correspondence received from, Careen Hannouche dated Oct. 4/06 re: will not be filing a reply to Mr. Jamal's letter | Union des consommateurs |
| 2006-10-03 | Response to motion to file a reply factum on appeal, (Letter Form), from Mahmud Jamal dated Oct. 3/06, Completed on: 2006-10-03 | Dell Computer Corporation |
| 2006-09-29 | Motion to file a reply factum on appeal, to the interveners' factum, Completed on: 2006-09-29 | Union des consommateurs |
| 2006-09-25 | Supplemental document, Supplemental Authorities (CD rec'd Sept. 26/06) | Dell Computer Corporation |
| 2006-09-25 | Reply factum on appeal, Pursuant to Justice Fish order of July 27/06 (CD requested), Completed on: 2006-09-27 | Dell Computer Corporation |
| 2006-09-20 |
Order by, F, FURTHER TO THE ORDER of Fish J. dated July 27, 2006, granting leave to intervene to the Canadian Internet Policy and Public Interest Clinic and the Public Interest Advocacy Centre; by the ADR Chambers Inc.; by the ADR Institute of Canada; and by the London Court of International Arbitration; IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal. Granted |
|
| 2006-09-15 | Book of authorities, (Vol. 1 & 2 ), Completed on: 2006-09-15 | London Court of International Arbitration |
| 2006-09-15 | Intervener's factum, as per Order of Fish J, dated July 27/06, Completed on: 2006-09-15 | London Court of International Arbitration |
| 2006-09-15 | Book of authorities, Completed on: 2006-09-15 | ADR Institute of Canada |
| 2006-09-15 | Intervener's factum, as per Order of Fish J. dated July 27/06 (CD rec'd Sept. 22/06), Completed on: 2006-09-25 | ADR Institute of Canada |
| 2006-09-15 | Book of authorities, Completed on: 2006-09-15 | ADR Chambers Inc. |
| 2006-09-15 | Intervener's factum, as per Order of Fish J. dated July 27/06 (CD missing - Received on November 29, 2006), Completed on: 2006-11-29 | ADR Chambers Inc. |
| 2006-09-15 | Book of authorities, Vol. 1 to 3, Completed on: 2006-09-15 | Canadian Internet Policy and Public Interest Clinic and Public Interest Advocacy Centre |
| 2006-09-14 | Intervener's factum, as per Order of Fish J. dated July 27, 06, Completed on: 2006-09-14 | Canadian Internet Policy and Public Interest Clinic and Public Interest Advocacy Centre |
| 2006-08-23 | Notice of hearing sent to parties | |
| 2006-08-21 |
Appeal hearing scheduled, 2006-12-13, (previously Oct. 17/06) Judgment reserved |
|
| 2006-07-27 | Order on motion for leave to intervene, (BY FISH J.) | |
| 2006-07-27 |
Decision on the motion for leave to intervene, F, UPON APPLICATIONS by the Canadian Internet Policy and Public Interest Clinic and the Public Interest Advocacy Centre; by the ADR Chambers Inc.; and, by the ADR Institute of Canada for leave to intervene in the above appeal; AND UPON APPLICATION by the London Court of International Arbitration for an extension of time to apply for leave to intervene and for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene of the applicants, the Canadian Internet Policy and Public Interest Clinic and the Public Interest Advocacy Centre, is granted and the applicants shall be entitled to serve and file a single factum not to exceed 20 pages in length on or before September 15, 2006. The motion for leave to intervene of the applicant, the ADR Chambers Inc., is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before September 15, 2006. The motion for leave to intervene of the applicant, the ADR Institute of Canada, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before September 15, 2006. The motion for an extension of time to apply for leave to intervene and for leave to intervene of the applicant, the London Court of International Arbitration, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before September 15, 2006. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners shall not be 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) the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention. IT IS FURTHER ORDERED THAT: The appellant, Dell Computer Corporation, may file a reply factum to the factum of the interveners Canadian Internet Policy and Public Interest Clinic and the Public Interest Advocacy Centre not to exceed 10 pages in length on or before September 25, 2006. Granted |
|
| 2006-07-27 | Submission of motion for leave to intervene, F | |
| 2006-07-24 | Respondent's book of authorities, (service rec'd July 26/06), Completed on: 2006-07-27 | Union des consommateurs |
| 2006-07-24 | Respondent's record, Service rec'd July 26/06, Completed on: 2006-07-27 | Union des consommateurs |
| 2006-07-24 | Respondent's factum, Service and CD rec'd July 26/06 (new CD rec'd Aug. 8/06), Completed on: 2006-07-27 | Union des consommateurs |
| 2006-07-19 | Response to the motion for leave to intervene, (Letter Form), from C Hannouche dated July 19, 2006 (fax copy) re: intervention by London Court of International Arbitration, Completed on: 2006-07-19 | Union des consommateurs |
| 2006-07-10 | Order on motion to extend time, (BY ABELLA J.) | |
| 2006-07-10 |
Decision on motion to extend time, Abe, À LA SUITE D'UNE DEMANDE des intimés visant à obtenir une prorogation de délai pour signifier et déposer leur mémoire, leur dossier et leur recueil de sources au 15 août 2006 et pour obtenir l'autorisation de plaider oralement lors de l'audition de l'appel; APRÈS EXAMEN des documents déposés; IL EST PAR LA PRÉSENTE ORDONNÉ CE QUI SUIT: 1. La requête est accordée en partie. 2. Les intimés doivent signifier et déposer leur mémoire, leur dossier et leur recueil de sources au plus tard le 24 juillet 2006. 3. Les intimés sont autorisés à plaider oralement lors de l'audition de l'appel. Allowed in part |
|
| 2006-07-10 | Submission of motion to extend time, Abe | |
| 2006-07-10 | Appeal perfected for hearing | |
| 2006-07-07 | Response to the motion for leave to intervene, (Letter Form), from Mahmud Jamal dated July 7/06 (by London Court of Int. Arb.), Completed on: 2006-07-07 | Dell Computer Corporation |
| 2006-07-07 | Response to motion to extend time, (Letter Form), from Mahmud Jamal dated July 7/06, Completed on: 2006-07-07 | Dell Computer Corporation |
| 2006-07-07 | Motion to extend time, to file the respondents' record, factum and authorities to August 15/06, Completed on: 2006-07-07 | Union des consommateurs |
| 2006-07-06 | Book of authorities, in support of motion to intervene (3 copies - book form), Completed on: 2006-07-06 | London Court of International Arbitration |
| 2006-07-06 | Motion for leave to intervene, (joint with extension) 3 copies - book form, Completed on: 2006-07-06 | London Court of International Arbitration |
| 2006-06-23 | Reply to the motion for leave to intervene, (Letter Form), from Mistrale Goudreau dated June 23/06, Completed on: 2006-06-23 | Canadian Internet Policy and Public Interest Clinic and Public Interest Advocacy Centre |
| 2006-06-20 | Response to the motion for leave to intervene, (Letter Form), from M. Jamal dated June 19, 2006 (fax copy) re: responding to 3 interventions, Completed on: 2006-06-20 | Dell Computer Corporation |
| 2006-06-16 | Response to the motion for leave to intervene, of the ADR Chambers re: oppose the motion to intervene (cc. to the parties), Completed on: 2006-06-16 | Union des consommateurs |
| 2006-06-16 | Response to the motion for leave to intervene, (Letter Form), of ADR Institute re: oppose the motion to intervene (cc. to the parties), Completed on: 2006-06-16 | Union des consommateurs |
| 2006-06-16 | Response to the motion for leave to intervene, (Letter Form), of Canadian Internet Policy... re: consent (cc. to the parties), Completed on: 2006-06-16 | Union des consommateurs |
| 2006-06-13 | Motion for leave to intervene, 3 copies - book form, Completed on: 2006-06-13 | ADR Institute of Canada |
| 2006-06-13 | Motion for leave to intervene, 3 copies - book form, Completed on: 2006-06-13 | ADR Chambers Inc. |
| 2006-06-09 | Motion for leave to intervene, (bookform), Completed on: 2006-06-09 | Canadian Internet Policy and Public Interest Clinic and Public Interest Advocacy Centre |
| 2006-05-15 | Appellant's record, (Vol. 1 to 3), Completed on: 2006-05-15 | Dell Computer Corporation |
| 2006-05-15 | Appellant's book of authorities, (Vol. 1 to 4), Completed on: 2006-05-15 | Dell Computer Corporation |
| 2006-05-15 | Appellant's factum, Completed on: 2006-05-15 | Dell Computer Corporation |
| 2006-05-02 | Correspondence received from, Bergeron Gaudreau Laporte act as agent for the respondents. | Union des consommateurs |
| 2006-02-20 | Notice of appeal, Completed on: 2006-02-20 | Dell Computer Corporation |
| 2006-02-14 | Appeal court record, (1 box) | |
| 2006-02-07 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2006-01-20 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2006-01-20 | Judgment on leave sent to the parties | |
| 2006-01-19 |
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 500-09-014209-043, dated May 30, 2005, 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 |
|
| 2005-12-12 | All materials on application for leave submitted to the Judges, Ba LeB De | |
| 2005-09-21 | Respondent's response on the application for leave to appeal, (Letter Form), Will not file a response, Completed on: 2005-09-21 | Union des consommateurs |
| 2005-08-30 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2005-08-29 | Application for leave to appeal, Completed on: 2005-08-29 | Dell Computer Corporation |
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 |
|---|---|---|
| Dell Computer Corporation | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Union des consommateurs | Respondent | Active |
| Dumoulin, Olivier | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Canadian Internet Policy and Public Interest Clinic and Public Interest Advocacy Centre | Intervener | Active |
| ADR Chambers Inc. | Intervener | Active |
| ADR Institute of Canada | Intervener | Active |
| London Court of International Arbitration | Intervener | Active |
Counsel
Party: Dell Computer Corporation
Counsel
Babak Barin
Anne-Marie Lizotte
Dominic Dupoy
Box 50, 1 First Canadian Place
Toronto, Ontario
M5X 1B8
Telephone: (416) 862-6764
FAX: (416) 862-6666
Email: mjamal@osler.com
Agent
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
Party: Union des consommateurs
Counsel
Ronald Bourguignon
Careen Hannouche
286, rue Saint-Paul Ouest, Suite 100
Montréal, Quebec
H2Y 2A3
Telephone: (514) 844-4646
FAX: (514) 844-7009
Email: ylauzon@lauzonbelanger.qc.ca
Agent
167, rue Notre Dame de l'Île
Gatineau, Quebec
J8X 3T3
Telephone: (819) 770-7928
FAX: (819) 770-1424
Email: bergeron.gaudreau@qc.aira.com
Party: Dumoulin, Olivier
Counsel
286, rue Saint-Paul Ouest, Suite 100
Montréal, Quebec
H2Y 2A3
Telephone: (514) 844-4646
FAX: (514) 844-7009
Email: ylauzon@lauzonbelanger.qc.ca
Agent
167, rue Notre Dame de l'Île
Gatineau, Quebec
J8X 3T3
Telephone: (819) 770-7928
FAX: (819) 770-1424
Email: bergeron.gaudreau@qc.aira.com
Party: Canadian Internet Policy and Public Interest Clinic and Public Interest Advocacy Centre
Counsel
Philippa Lawson
Fauteux Hall, Room 200
57 Louis-Pasteur Street
Ottawa, Ontario
K1N 6N5
Telephone: (613) 562-5800 Ext: 3673
FAX: (613) 562-5121
Email: mistrale.goudreau@uottawa.ca
Party: ADR Chambers Inc.
Counsel
Janet Mills
John Pirie
BCE Place, P.O. Box 874
181 Bay Street, Suite 2100
Toronto, Ontario
M5J 2T3
Telephone: (416) 865-6979
FAX: (416) 863-6275
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
Party: ADR Institute of Canada
Counsel
Margaret Weltrowska
1, Place Ville-Marie
Bureau 3900
Montréal, Quebec
H3B 4M7
Telephone: (514) 878-5832
FAX: (514) 866-2241
Email: stefan.martin@fmc-law.com
Agent
99 Bank Street
Suite 1420
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9600
FAX: (613) 783-9690
Party: London Court of International Arbitration
Counsel
Azim Hussain
Frédéric Bachand
1981, avenue McGill Collège
Bureau 1100
Montréal, Quebec
H3A 3C1
Telephone: (514) 847-4452
FAX: (514) 286-5474
Agent
1500 - 45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8638
FAX: (613) 230-5459
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.
Between April 4 and 7, 2003, the Appellant Dell Computer Corporation's website contained a pricing error for handheld computers. On April 7, the Respondent Dumoulin ordered one of the computers through the website. That same day, Dell posted a notice on its site indicating the pricing mistake. The next day, Dell wrote to Mr. Dumoulin advising him that his order would not be processed.
The Respondent Union des consommateurs applied to the Superior Court to be allowed to institute a class proceeding in the name of all consumers that had purchased or had tried to purchase a handheld computer through Dell's website during the relevant period. Dell filed a motion asking the Superior Court to stay the case for lack of jurisdiction ratione materiae in light of the arbitration clause contained in the « Standard Terms and Conditions » found on Dell's website. According to this clause, any dispute must be resolved by binding arbitration administered by the National Arbitration Forum based in the United States.
The Superior Court dismissed Dell's motion and authorized the class action. It held that under art. 3149 C.C.Q., the waiver of the jurisdiction of Quebec authorities could not be set up against a consumer. The Court of Appeal dismissed the appeal, but for different reasons. It held that art. 3149 C.C.Q. did not apply, but that the arbitration clause could not be set up against the consumer since it was an external clause that had not been brought to the consumer's attention (art. 1435 C.C.Q.).
Lower court rulings
Superior Court of Quebec
500-06-000199-030
Applicant's motion to dismiss the action for want of jurisdiction ratione materiae dismissed; Respondent Union des consommateurs' motion for certification of the action as a class proceeding granted
Court of Appeal of Quebec (Montréal)
500-09-014209-043
leave to appeal granted
Court of Appeal of Quebec (Montréal)
500-09-014209-043
Appeal dismissed
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