(DOWNLOAD) "Pre-Dispute Consumer Arbitration Clauses: Denying Access to Justice?(Canada)" by McGill Law Journal * eBook PDF Kindle ePub Free
eBook details
- Title: Pre-Dispute Consumer Arbitration Clauses: Denying Access to Justice?(Canada)
- Author : McGill Law Journal
- Release Date : January 22, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 377 KB
Description
More and more businesses are inserting arbitration clauses into their standard form contracts with Canadian consumers. In so doing, they are denying consumers access to the courts and, in particular, access to class actions. Some businesses are strategically deploying arbitration clauses to give themselves additional advantages. As a result of these business practices, Canadian consumer arbitration law is in a state of flux. If the American experience with pre-dispute consumer arbitration clauses over the past two decades is any indication, this uncertainty in the law may continue for some time to the detriment of individual consumers. Recent legislation in Ontario and Alberta has prohibited some types of pre-dispute consumer arbitration clauses, but the types each province has banned are different and not all problems with these clauses have been dealt with. The Courts of Appeal in British Columbia and Ontario have taken one approach to the apparent conflict between arbitration legislation and class proceedings legislation, and the Quebec Court of Appeal has taken another. Canadian arbitral organizations have yet to take advantage of the experience of their American counterparts and take action to prevent the abuse of arbitration in the consumer context.