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, to which I consented.

 

A new trial date has not been set.

 

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

Public Interest Advocacy Centre