How has the court interpreted an arbitration clause in a consumer contract?
Manitoba, Canada
The following excerpt is from Hopkins v. Ventura Custom Homes Ltd., 2013 MBCA 67 (CanLII):
The breadth of the court’s interpretation in favour of arbitration, where it is provided in a contract, was illustrated in Seidel v. TELUS Communications Inc., 2011 SCC 15, [2011] 1 S.C.R. 531. Binnie J., for the majority, stated (at para. 2): The choice to restrict or not to restrict arbitration clauses in consumer contracts is a matter for the legislature. Absent legislative intervention, the courts will generally give effect to the terms of a commercial contract freely entered into, even a contract of adhesion, including an arbitration clause. ….
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