Lexpert Magazine names case No. 1 Business Decision for 2007 in Canada

Toronto, Canada, February 20, 2008 – Baker & McKenzie LLP lawyers J. Brian Casey, Janet E. Mills and John Pirie of the Toronto office acted as counsel for the intervener ADR Chambers Inc., Canada's largest provider of services for arbitration and mediation, in relation to the Dell Computer vs. Union des Consommateurs case. Lexpert Magazine recently selected the Supreme Court of Canada's decision in the case as Canada's No. 1 Business Decision for 2007 in its January 2008 issue.

“We are pleased to have our work in relation to this complex case recognized,” said J. Brian Casey, lead dispute resolution Partner on the case. “This is an important decision, and a great example of our capabilities in providing innovative and precedent-setting legal work on business arbitration.”

The case involved a consumer plaintiff who filed a class action against Dell. Dell defended on the basis that consumers had agreed to arbitrate in a standard, on-line agreement. The Supreme Court of Canada ultimately refused to allow the case to proceed in the courts, holding consumers to their contracts by referring the matters to arbitration. The decision appears to open the door to class arbitration in Canada and clarifies the law with respect to contract formation over the Internet.

According to Lexpert Magazine, the decision gave business “great clarification on the complex interplay of arbitration provisions, class actions and consumer protection.”

“What Dell and Rogers add to the mix is the clear suggestion that legislation is not necessary for a waiver to be effective: a properly drafted arbitration clause will do,” the magazine further stated.

Baker & McKenzie’s litigation group in Canada has extensive experience before courts and arbitral tribunals representing local and foreign clients in a broad range of disputes, from relatively straightforward local commercial matters to complex international disputes involving hundreds of millions of dollars.  Clients include multinationals, established local companies, start up businesses, financial institutions, emerging technology companies, governments and governmental agencies, trade associations and industry groups. 

The lawyers in the group are also members of national, regional and international practice teams, with access to Baker & McKenzie’s unmatched global resources.  The Firm’s litigation team is uniquely situated amongst Canadian law firms to assist domestic clients in the coordination of their international and multi-jurisdictional disputes and risk management, through the Firm’s network of 70 offices located in 38 countries worldwide.