Ontario Judge Certifies Class Action against Dell Canada Inc.



    TORONTO, Feb. 4 /CNW/ - In a judgment released today, Justice Joan Lax of
the Ontario Superior Court of Justice certified a national class action on
behalf of Canadians who own the following Dell Inspiron notebooks: 1100, 1150,
5100, 5150 or 5160. The Court also denied a motion brought by Dell to dismiss
the class action and require individuals with these Dell notebooks to
arbitrate any dispute they have with Dell about defective performance of these
models. The case was commenced by the law firm of Rochon Genova LLP in
Toronto.
    The class action seeks compensation from Dell Canada Inc. arising from
alleged defects in these Dell notebooks affecting some 120,000 Canadian
consumers.
    In the judgment, Justice Lax decided that an earlier Supreme Court of
Canada decision which arose in Quebec and involved Dell Canada did not change
the law in Ontario or British Columbia. Consumers may still proceed with
defective product class proceedings even if the contract with the manufacturer
contains an arbitration clause. In so deciding, Justice Lax considered whether
individual arbitrations would be preferable to a single class proceeding and
decided in favour of a class proceeding.
    This decision is significant as it delineates the scope of the previous
decision of the Supreme Court of Canada outside Quebec. Joel P. Rochon,
counsel for the class stated: "This decision protects the rights of Canadians
to seek compensation through a class action for defective goods even in the
face of an arbitration clause". The decision builds on other recent decisions
in Ontario and British Columbia regarding the enforceability of arbitration
clauses. "This is a significant development for class actions", he said.
    The allegations raised in the claim have not yet been proven in court.
The plaintiff and the class members are represented by the firm of Rochon
Genova LLP.





For further information:

For further information: Rochon Genova LLP, 121 Richmond St. W, Suite
900, Toronto, Ontario, M5H 2K1, Telephone: (416) 363-1867 or toll-free:
1-866-881-2292, Website address: www.rochongenova.com

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