Sounding in Law

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Susan G. Drummond v. Rogers Wireless Inc. (SC-05-24969-00)


On September 19, 2005, I filed a claim against Rogers Wireless Inc in Toronto Small Claims Court.


The original claim was for compensatory damages flowing from Rogers’ fundamental breach of contract:


On September 2, 2005, Rogers unilaterally suspended wireless services to my son’s cell phone without cause. My account was in good standing. The exchange of monthly payments for wireless services is the very essence of the Wireless Service Agreement that I signed with Rogers Wireless Inc. on August 14, 2004.


On October 4, 2005, Rogers entered a Statement of Defence into the court record.


On June 8, 2006, I asked the court for a motion to strike paragraph 4 from Rogers Statement of Defence and swore an affidavit to that motion. My motion was denied.


On August 3, 2006, I amended my pleadings and added a claim for punitive damages. And I added Edward S. Rogers as a Defendant to the claim.


I have summonsed three witnesses to testify at the trial:


  • On July 6, 2006, I served a Summons to Witness on Edward S. Rogers, also known as Ted Rogers

The trial was scheduled to go forward on September 11, 2006.


At the end of August Rogers Wireless Inc asked for a motion to adjourn so they could get a motion to quash my summons to witness of Ted Rogers. I consented to Rogers request for an adjournment. Rogers booked October 26, 2006 for that motion.

On October 4, 2006, Rogers sent me another offer to settle.

On October 12, 2006, I sent Rogers a counter-offer.

On October 19, 2006, Rogers served me with a motion for summary judgment for the October 26, 2006 motion date that had been booked.

On October 22, I served Rogers with my factum and affidavit to their motion for summary judgment.

On October 26, 2006, the judge heard Rogers' motion and dismissed it.

A new trial date has been set for February, 2007.


The net proceeds from the Small Claims Court Action will be donated to the

Public Interest Advocacy Centre