Understanding Arbitration Clauses in Class Actions: Have the Sands Shifted Once Again?

Craig A.B. Ferris

This paper will first review the history of the conflict between class proceedings and arbitration in Canada, and then address whether Union des consommateurs v. Dell Computer Corp. has provided guidance that arbitration agreements should, in general, be respected and that class proceeding legislation should not be regarded as providing a substantive ground to negate an arbitrator’s jurisdiction.