Air Passenger Bill of Rights
CRTC to Ban unlocking fees for smartphones as of Dec 1
Globe and Mail, June 15, 2018Print
Santa buying you a new smartphone? Be sure to check your contract plan twice
Canadian Press, December 14, 2017Print
Banks are embracing apps and some restaurants now require a smartphone to enter — so what happens if you don’t have one?
Consumer rights in a radically different marketplace
Policy Options, June 4, 2018Online
Lead article in the Recalibrating Canada’s Consumer Rights Regime special feature of Policy Options. The article focuses on how Canada’s consumer rights regime has not kept up with the times and argues that a significant recalibration is needed to address trends and threats.
Why one man’s victory against Bell won’t resolve telecom’s customer-service problems
Globe and Mail, May 3, 2018Online
Irwin Law Inc
September 1, 2017
Arbitration can be a highly effective alternative commercial dispute resolution process outside of court. Indeed, arbitration is and has historically been a widely used method for resolving commercial conflicts arising out of domestic and international corporate and commercial transactions. It has tremendous potential to resolve disputes with confidentiality, economy, efficiency, finality, durability, neutral expertise, impartiality, fairness, and more party-sensitive and satisfactory outcomes than traditional litigation.
This book is a timely contribution to the works and world of commercial arbitration: provincially, nationally, and internationally. Written by leading practitioners from different perspectives, it is intended to be a practical, handy, and valuable guide for commercial arbitration practitioners. The book will be particularly valuable for new and experienced practitioners of commercial arbitration, corporate counsel, judges, government and industry professionals, educators, students, and members of the public.
January 1, 2016
Dispute Resolution: Readings and Case Studies, 4th Edition explores the theory and practice of dispute resolution by highlighting examples from Canada, the US, and other jurisdictions. This casebook includes a careful selection of key writings by renowned dispute resolution theorists and practitioners. It surveys a range of dispute resolution processes — conflict analysis, negotiation, mediation, arbitration, online dispute resolution (ODR), hybrid processes, and dispute systems design and evaluation — and introduces the reader to their practical application and to some of the debates over their use. Teaching questions, articles, and case studies are included throughout the text to enhance and to test students’ knowledge and understanding. The fourth edition allows for a contextual approach to dispute resolution by featuring readings that examine how the aforementioned processes are applied in different spheres, including family matters, business disputes, labour and employment, and criminal law.
Contracting Out of Access to Justice: Enforcement of Forum-Selection Clauses in Consumer Contracts
by Marina Pavlovic
Published by (2017) 62:2 McGill Law Journal 389
The article was cited and quoted with approval by the Supreme Court of Canada in Douez v Facebook, 2017 SCC 33, http://canlii.ca/t/h4g1b.
Forum-selection agreements in consumer contracts nominate by default the business’s home jurisdiction to resolve disputes and thus directly impact a consumer’s ability not only to access courts, but also to obtain access to substantive justice. It has been argued that courts should consider enforcing jurisdiction clauses in consumer contracts with “greater scrutiny” because of their inherent power imbalance. To examine how the courts approach forum-selection clauses in consumer contracts, this article analyzed all reported consumer cases involving forum-selection agreements in Canadian common law jurisdictions between 1995 and 2016. The analysis of these cases shows that the courts have failed to exercise the greater scrutiny that was called for. In light of the analysis of the surveyed cases, this article argues that the rules for enforcing forum-selection clauses in consumer contracts ought to be recalibrated to reflect the power dynamics of consumer relationships, the ubiquity of standard-form contracts, and their effect on consumers’ ability to obtain redress. This article proposes two suggestions for reform: legislative intervention to invalidate forum selection clauses in consumer agreements, and reframing and recalibrating the common law strong cause test for the enforcement of forum-selection clauses in consumer transactions.
Marina Pavlovic is an Associate Professor at Faculty of Law, Common Law Section at the University of Ottawa and a member of its Centre for Law, Technology and Society. Her expertise is in consumer rights in the contemporary cross-border digital society and technology policy and regulation.
Her teaching includes foundational and advanced courses in dispute resolution, as well as private international law and legal knowledge engineering. Pavlovic received 2015–2016 Common Law Section Excellence in Teaching Award and 2017–2018 Common Law Section Public Engagement Award: Public Education and Outreach.
In June 2018, she was appointed by the Ministers of Innovation, Science and Economic Development Canada and Canadian Heritage to the Broadcasting and Telecommunications Legislative Review Panel, a seven-member expert panel tasked with reviewing Canada's communication legislative framework.
She is a lead counsel for the Canadian Internet Policy and Public Interest Clinic as an intervener before the Supreme Court of Canada in Wellman v Telus, and was as also a co-counsel in Douez v Facebook and Haaretz v Goldhar. Pavlovic appeared before the Canadian Radio-Television and Telecommunications Commission in the 2016˗2017 Review of the Wireless Code. She also appeared before both the House and Senate Committees, as well as the Canadian Transportation Agency, on Air passenger rights.
Prior to joining the University of Ottawa as an Assistant Professor in 2007, Pavlovic was an in-house counsel for a telecommunication company in Belgrade (Serbia); an of-counsel with a law firm in Salzburg (Austria), where she practiced in the area of international commercial arbitration; and was also a Part-Time Professor at the Common Law Section (2004-2007).
She holds a law degree from the Faculty of Law at the University of Belgrade (Serbia), an LL.M with concentration in Law & Technology from the University of Ottawa, and is called to the Ontario bar.
Legal Citation | Professional
Cited by the High Court of Justice, Eastern Caribbean Supreme Court in Hualon Corporation (M) SDN BHD (in receivership) v Marty Limited, BVIHC (COM) 2014/0090 at para 102, https://www.eccourts.org/hualon-corporation-m-sdn-bhd-in-receivership-v-marty-limited
Legal Citation | Professional
Cited and quoted with approval in Douez v Facebook, 2017 SCC 33 at paras 26, 40, and 55, http://canlii.ca/t/h4g1b