The reconciliation of class actions, commercial arbitration and consumer rights

This thesis argues that Canadian legislation should allow arbitration to settle consumer class actions, especially in light of the Dell case. In 2007, the Supreme Court of Canada held that an arbitration clause in a consumer contract may be valid and enforceable despite being in a contract of adhesion and regardless of whether certain rules to be applied during the arbitration are in the nature of public order.;After outlining and discussing the importance of contractual stability and the advantages to consumers of arbitration, this thesis concludes that, for these and other reasons, it is essential to enforce arbitration clauses in contracts of adhesion with consumers and suggests criteria to evaluate the fairness of the arbitration decision.;Although principles of arbitration generally allow parties to select applicable substantive and procedural rules, this thesis argues that in the case of arbitration of consumer class actions Canadian legislation should make some of the applicable rules imperative.