The appellant, Dell, sold computers online and mistakenly posted incorrect low prices.
The respondent consumer ordered a computer at the incorrect price using a deep link.
When Dell refused to honour the order, the consumer sought to institute a class action.
Dell applied to refer the claim to arbitration based on a clause in its terms and conditions.
The Supreme Court of Canada held that the arbitration clause was valid and not an external clause, as it was reasonably accessible via hyperlink.
The Court also held that under the competence-competence principle, the arbitrator should rule first on their own jurisdiction, and that the arbitration clause did not contain a foreign element that would trigger the application of the rules on the international jurisdiction of Quebec authorities.
The appeal was allowed and the matter referred to arbitration.
