Original Pleadings

Plaintiff’s Original Statement of Claim, September 19, 2005

     

History:

 

  1. I bought two cell phones and signed a Wireless Service Agreement with Rogers in 2004 for a three year contract, under which I would pay the undisputed charges due on my account and Rogers would provide me wireless services for those two cell phones.

  2. The primary reason that I bought the two cell phones was so that my 11 year old son could use the subway to get to school and he could get in touch with me in emergency situations. My son’s school is a 45 minute drive (each direction) from our home.

  3. My cell phone has the phone number 416-333-3333.

  4. My son’s cell phone has the phone number 416-301-5780.

 

My cell phone (416-333-3333)

 

  1. On July 26, 2005, someone unknown to me misappropriated my cell phone (416-333-3333) and started to make phone calls. The majority of the phone calls were made to Pakistan; there were other calls made to the UK, to Russia, to Libya, and to several Toronto area phone numbers.

  2. I received a phone message from Rogers on my home phone number on August 27, 2005 asking me to call them back regarding my cell phone that has the phone number 416-333-3333 I called Rogers immediately and was told about the above unusual pattern of phone calls. I was informed by Rogers that the charges on my August invoice (already mailed out) and September invoice (not yet distributed) totaled $13,654.90.

  3. Upon hearing about the charges made to my account, I contacted the police immediately, on August 27. A police report has been filed (Ecops 1144571) and the police are investigating the misappropriation of my cell phone with the phone number 416-333-3333 I contacted Rogers Wireless Inc on August 28, 2005 and provided Rogers with the police report number pertaining to this investigation. Rogers put a block on my cell phone (416-333-3333) on August 27, 2005.

  4. The charges on my August invoice were due on September 10, 2005. I hand delivered a letter to Rogers Wireless Inc on September 6, 2005 that indicates that I am disputing every charge made to my account from July 26 (inclusive) to September 4, 2005.On September 7, 2005 Rogers Wireless Inc provided me with a written notice that the undisputed charges on my August invoice were $75.62. On September 7, 2005 I paid off in full the undisputed charges on my August invoice. Registering the charges as disputed, and paying off the undisputed charges, are actions consistent with the Wireless Service Agreement that Rogers and I signed.

  5. My Rogers Wireless account is in good standing.

 

My son’s cell phone (416-301-5780)

 

  1. On September 2, 2005, Rogers Wireless Inc. put a block on my son’s cell phone. I never asked for a block to be put on my son’s cell phone. It had never gone missing. And my son needs a cell phone to use the subway.

  2. Since September 4, I have spoken to two different Rogers’ Reps at Rogers Video (333 Bloor St in Toronto), spoken to two Rogers’ Wireless Customer Service Reps (CSR’s) on the phone, sent four emails and one hand-delivered letter to the senior law clerk of Rogers’ legal department assigned to my disputed account, asking for an answer to the following questions:

  1. I attach to this claim the letters and emails that I have sent to Rogers regarding my son’s cell phone (Exhibit C).

  2. I have repeatedly informed Rogers that the primary reason that I bought my son a cell phone was so that he could use public transit to get to school. I have repeatedly informed Rogers that he was to begin doing so at the beginning of the school year. I have repeatedly told Rogers that without a functioning cell phone, I could not put him on the Toronto subway system. I have repeatedly told Rogers that the cost to me of my son not using public transit to get to school is three hours daily (45 minutes each direction, two times a day) of my time for me to transport him by car.

 

Damages

 

  1. On September 15, 2005, I bought for my son  a new cell phone from a non-Rogers related service provider, Bell Mobility, so that cell phone service could be restored and so that I could avoid the three hours a day of driving that I was doing because Rogers put a block on my son’s cell phone. My son is now using the subway. The cost of the new cell phone is $234.60 with billings for service charges to follow on a monthly basis from Bell Mobility.

  2. I attach to this claim the receipt for the purchase of the new cell phone.

  3. Since Rogers put a block on my son’s cell phone, I have had to spend 7 days driving my son to and from school in light of the fact that he did not have a working cell phone for the subway. Driving my son to and from school takes three hours each day.

  4. Given that my account is in good standing, and given that Rogers has unilaterally suspended the services which they are contractually bound to deliver, I have lost 21 hours of income driving my son to and from school because Rogers unilaterally frustrated the Wireless Service Agreement that we have.

  5. On top of the hours of driving that I have had to do as a result of Rogers placing a block on my son’s cell phone, I have also spent 4:15 calling Rogers regarding the block on my son’s cell phone, dealing with CSR’s at Rogers Video about the block on my son’s cell phone, writing emails to Rogers’ legal department, writing and hand delivering a letter to Rogers’ Legal Department, and purchasing the new phone.

  6. I have seven university degrees, four of them law degrees, one of them a Masters of Social Work, three of them graduate degrees. I am a professor of law at Osgoode Hall Law School. The value of my time on an hourly basis is $350.00/hour. 21 hours of lost income spent on driving plus 4 hours and fifteen minutes of lost income spent on attempting (unsuccessfully) to rectify the problem amounts to $8857.50.

  7. I am here claiming, in damages, the cost of the new cell phone that I bought my son, and the value of my lost income. Both types of damages flow directly from Rogers’ frustration of our Wireless Service Agreement, which I also attach.  The total damages claimed amount to $9092.10.

  8. I am also asking for costs on this Claim which amount to $75.00 for the filing fee and two hours of my time to draft this claim ($700.00).

Amended Pleadings