Kanitz V. Rogers Cable Inc.
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Kanitz V. Rogers Cable Inc.
''Kanitz v Rogers Cable Inc'', 2002 CanLII 49415 (ON SC), 58 OR (3d) 299 is a leading Canadian decision on website service contracts. The court held that a posting on a corporate website is sufficient notice to bind customers to changes in their user licenses. A number of Rogers Cable customers started a class action to challenge Rogers amending of the arbitration provision in their user agreement. They claimed that customers were not given sufficient notice of the amendments to make it valid. Rogers should have emailed all its customers to properly notify them. The Court held that the notice given was sufficient and that an email was not necessary. Customers, the judge held, were obliged to check the website from time to time for amendments to their user agreements. The Court also upheld the arbitration agreement itself, as well as a "no class actions" clause. In other words, the parts of the contract that forbade Rogers customers from going to a regular court (forcing them inst ...
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Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by total area. Its southern and western border with the United States, stretching , is the world's longest binational land border. Canada's capital is Ottawa, and its three largest metropolitan areas are Toronto, Montreal, and Vancouver. Indigenous peoples have continuously inhabited what is now Canada for thousands of years. Beginning in the 16th century, British and French expeditions explored and later settled along the Atlantic coast. As a consequence of various armed conflicts, France ceded nearly all of its colonies in North America in 1763. In 1867, with the union of three British North American colonies through Confederation, Canada was formed as a federal dominion of four provinces. This began an accretion of provinces an ...
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Contract
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the mind ...
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Email
Electronic mail (email or e-mail) is a method of exchanging messages ("mail") between people using electronic devices. Email was thus conceived as the electronic ( digital) version of, or counterpart to, mail, at a time when "mail" meant only physical mail (hence '' e- + mail''). Email later became a ubiquitous (very widely used) communication medium, to the point that in current use, an email address is often treated as a basic and necessary part of many processes in business, commerce, government, education, entertainment, and other spheres of daily life in most countries. ''Email'' is the medium, and each message sent therewith is also called an ''email.'' The term is a mass noun. Email operates across computer networks, primarily the Internet, and also local area networks. Today's email systems are based on a store-and-forward model. Email servers accept, forward, deliver, and store messages. Neither the users nor their computers are required to be online simult ...
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Ontario Legislature
The Legislative Assembly of Ontario (OLA, french: Assemblée législative de l'Ontario) is the legislative chamber of the Canadian province of Ontario. Its elected members are known as Members of Provincial Parliament (MPPs). Bills passed by the Legislative Assembly are given royal assent by the Lieutenant Governor of Ontario to become law. Together, the Legislative Assembly and Lieutenant Governor make up the unicameral Legislature of Ontario or Parliament of Ontario. The assembly meets at the Ontario Legislative Building at Queen's Park in the provincial capital of Toronto. Ontario uses a Westminster-style parliamentary government in which members are elected to the Legislative Assembly through general elections using a "first-past-the-post" system. The premier of Ontario (the province's head of government) holds office by virtue of their ability to command the confidence of the Legislative Assembly, typically sitting as an MPP themselves and lead the largest party or a ...
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Canadian Contract Case Law
Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''Canadian''. Canada is a multilingual and multicultural society home to people of groups of many different ethnic, religious, and national origins, with the majority of the population made up of Old World immigrants and their descendants. Following the initial period of French and then the much larger British colonization, different waves (or peaks) of immigration and settlement of non-indigenous peoples took place over the course of nearly two centuries and continue today. Elements of Indigenous, French, British, and more recent immigrant customs, languages, and religions have combined to form the culture of Canada, and thus a Canadian identity. Canada has also been strongly influenced by its linguistic, geographic, and ec ...
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Ontario Case Law
Ontario ( ; ) is one of the thirteen provinces and territories of Canada.Ontario is located in the geographic eastern half of Canada, but it has historically and politically been considered to be part of Central Canada. Located in Central Canada, it is Canada's most populous province, with 38.3 percent of the country's population, and is the second-largest province by total area (after Quebec). Ontario is Canada's fourth-largest jurisdiction in total area when the territories of the Northwest Territories and Nunavut are included. It is home to the nation's capital city, Ottawa, and the nation's most populous city, Toronto, which is Ontario's provincial capital. Ontario is bordered by the province of Manitoba to the west, Hudson Bay and James Bay to the north, and Quebec to the east and northeast, and to the south by the U.S. states of (from west to east) Minnesota, Michigan, Ohio, Pennsylvania, and New York. Almost all of Ontario's border with the United States ...
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