Marina Pavlović Profile picture
Apr 30, 2018 8 tweets 8 min read Twitter logo Read on Twitter
I have a lot to say about this recent story by @cbcErica @cbcgopublic on #Telecom @contracts & #SalesPractices, as a #lawprof working in #ConsumerRights & #DisputeResolution & not as a director of CCTS (disclaimer: views my own, based on my research & publicly available info) 1/8
My work (with funding from Forum of Canadian Ombudsman) on industry ombuds in 🇨🇦🇦🇺🇬🇧,…, found that these schemes do provide access to justice by providing quick dispute resolution for consumers. But...they do have two major drawbacks 2/8
Industry ombuds schemes, like @CCTS_CPRST, resolve individual disputes but can't do independent investigations and also don't have powers to change industry practices. While resolution may be good for individual consumers, it compartmentalizes systemic issues. 3/8
The contract between #consumer and #ServiceProvider plays a huge role. Until last year's @SCC_eng decision in @ddouez v Facebook, courts' views on standard form consumer contracts were not great. Here is the timeline I used in my @uocommonlaw @uOttawaTechLaw Open House talk. 4/8
And as long as Kanitz v Rogers stands,, #ServiceProviders, can make unilateral changes to contracts. #WirelessCode puts some limits to it for #WirelessContracts, but no limits for internet, home phone, & TV contracts. 5/8
Not having seen the small claims decision, based on the story, it seems to echo the @SCC_eng language in Douez v Facebook. The problem is--the judgment has not been reported, and even if it were, hardly any precedential value. 6/8
A #CRTC inquiry into #Telecom #SalesPractices, as req by @CanadaPIAC, may have offered some solutions for #telecom contracts. But this issue is bigger than telecom. Provisions allowing for unilateral changes are prevalent in all kinds of consumer contracts. 7/8
As my colleague @Daimsis suggested in this @cbcgopublic piece, a class action might be a way to go. But given what's at stake, it is likely to go all the way up to the Supreme Court. So...about a decade. So for now...we are kinda stuck. 8/8

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