RETIRED JUDGES

Highlights

DELAY IN ADR

Strongly divided SCC
says consumer protection
legislation should be
interpreted generously

Legal ethics profs. contend public confidence in the judiciary demands special rules and guidelines for retired judges who go on to practise law, or enter politics, or business.

See story on page 3

Customers can sue despite ADR clause

THE LAWYERS WEEKLY

Vol. 22, No. 27 NEWS FOR THE LEGAL PROFESSION December 6, 2002

An arbitrator cannot dismiss an unprosecuted claim for delay

PAGE 9

LUIS MILLAN

In a ruling hailed as a victory for consumers in British Columbia, a deeply divided Supreme Court of Canada using uncommonly forceful language recently held that disgruntled customers in the province can launch class action proceedings even though the fine print of their contracts calls for disputes to be settled through private and confidential mediation and arbitration.

“The ruling clears a path for consumers who are victims of deceptive business practices to seek redress in the courts,” said Arthur Grant, who represented the successful appellant in Seidel v. TELUS Communications Inc., in an email to The Lawyers Weekly. “While arbitrations theoretically might afford a remedy, in practice for the vast majority of

THE LAWYERS WEEKLY

VOL. 22, NO. 27 NEWS FOR THE LEGAL PROFESSION DECEMBER 6,

NAFTA IRRELEVANT?

Bilateral arrangements replace NAFTA in Canada/US trade

PAGE 14

TECHNOLOGY 2 0 0 2

The social network

ALISTAIR EAGLE FOR THE LAWYERS WEEKLY

Arthur Grant, who represented the successful appellant, says that arbitration is often too expensive for consumers.

PAGE 21

consumer transactions, a require-
ment to arbitrate means that the
dispute will never be resolved.
The reason for this is that arbitra-
tions are simply too expensive a
process for any normal consumer.”
given added ammunition to liti-
gants seeking to “overcome and
avoid” the arbitration process, par-
ticularly since the SCC relied on the
See Seidel Page 30

But in narrowly overturning in part a decision by the B.C. Court of Appeal, some legal observers now wonder whether the ruling has

APRIL FOOLS’ DAY

Pulling pranks at work

PAGE 25

DEAN JOBB

Lights. Cameras. Cue the judge.

While this director’s cry may
never be heard in a Canadian
courtroom, expect to see more
video images of court proceed-
ings — including portions of trials
traditionally considered off-lim-
its—as two of Canada’s largest
provinces move to increase cam-
era access to the courts.

A British Columbia judge has
authorized television coverage of
the upcoming closing arguments
in a Charter challenge to Can-
ada’s anti-polygamy laws, under
a slate of new camera-friendly
practice rules. And Ontario
Attorney General Chris Bentley
told The Lawyers Weekly he will
consult the judiciary on how to

Report recommended
Ontario permit camera
access in courthouses,
critics fear ‘reality TV’ See Cameras Page 8

Ontario joins BC in forging ahead on cameras in courts THE LAWYERS WEEKLY

VOL. 22, NO. 27 NEWS FOR THE LEGAL PROFESSION DECEMBER 6, 2002

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