Material Dividends

In an on-line article, George Takach, a corporate lawyer with McCarthy Tetrault, provides an excellent synopsis of the relevance of Rogers' arbitration clause. Takach begins with coverage of the Kanitz case, that troubled many of us in the legal community and ultimately led to a statutory amendment of the OCPA that overturned Rogers' arbitration clause. He also provides a clear statement about why corporations are so bothered by class action suits and clearly underlines why it is to the advantage of corporations to preclude them contractually as Rogers did. As he says,

"In short, Rogers' tactic of inserting an arbitration clause has paid fairly material dividends."

The full article can be found on-line at