Agreed Statement of Facts


1. The payment to the Plaintiff by Rogers Group of Companies of $5,309.60 by cheque no. 6100000510 on January 25, 2006 was not an Offer of Settlement for the Action but a goodwill gesture and a payment for damages outside of the scope of the Action’s claim; the certification of that cheque on February 9, 2006 by the Plaintiff was not an acceptance of a settlement offer; and the foregoing transactions do not constitute a Settlement Agreement.


2. Ted Rogers, President and CEO of Rogers Communications Inc (the parent corporation of Rogers Wireless Inc), has publicly – and with sound reason consistent with the law – acknowledged that the charges incurred on the Plaintiff’s cell phone between July 26-August 16, 2005, made without authorization by someone other than and unknown to the wireless account holder, were wrongfully attributed by Rogers Wireless Inc to the Plaintiff.


3. The Plaintiff had fully complied with the mechanism the corporation provides for registering a dispute over charges when she disputed them with the Customer Service Department of Rogers Wireless Inc.


4. The resolution of formal consumer disputes with the corporation (i.e. those disputes which comply with the mechanism described in paragraph 3) ultimately requires judicial resolution should all other attempts to resolve the dispute prove unsuccessful; therefore the corporation was in error when it sent the disputed charges to Rogers’ Accounts Receivable Department for collection; and in error when it sent reports to the credit bureaus indicating that the Plaintiff’s account was overdue when it was, in fact, and in accordance with the law, in dispute; and in error when it charged a late penalty on charges that were formally in dispute.


President, Rogers Wireless Inc_________________________________________

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Signature____________________________________ Date: _________________