The respondent applied for authorization to institute a class action against the appellant regarding roaming charges.
The service agreement contained an arbitration clause prohibiting class actions.
The Superior Court referred the matter to arbitration.
The Court of Appeal reversed, ordering the Superior Court to assess the validity of the arbitration clause first.
The Supreme Court of Canada allowed the appeal, holding that under the principles in Dell Computer Corp., the arbitrator has exclusive jurisdiction to determine if the arbitration clause is abusive, as it requires a detailed factual inquiry on a mixed question of law and fact.
