Tuesday, February 28, 2012

Quebec consumer subscribed to Time Magazine - Didn't get his US$933,337 "Cash Prize" - SCC Rules in his Favour

One Mr. Richard gets a solicitation from Time suggesting that he could win US$933,337 if he subscribes. He subscribes. He wins nothing.He sues Time. SCC says today:
[217] For the reasons set out above, the appellant’s appeal is allowed in part. The judgment of the Court of Appeal, in which it set aside the judgment of the Superior Court and dismissed the appellant’s action in damages against the respondents, is set aside. The Superior Court’s judgment is restored in part, as the respondents are ordered to pay the appellant $1,000 in compensatory damages and $15,000 in punitive damages, with interest from the date of service. The appellant is entitled to costs in the Superior Court and the Court of Appeal in accordance with the tariffs applicable in those courts, and on a solicitor and client basis in this Court.
Richard v. Time Inc., 2012 SCC 8 
(emphasis added - note the Solicitor Client costs in the SCC)

Will this resonate outside of Quebec, if there is no similar statute involved? Or will this be something like the "girl on the stairs" outside public place photograph privacy case which turned on a Quebec statute and has not been followed by the courts in other provinces? See Aubry v. Éditions Vice‑Versa, [1998] 1 S.C.R. 591 http://scc.lexum.org/en/1998/1998scr1-591/1998scr1-591.html

And note the rather rare inclusion of pictures at the end of today's judgment.

Very interesting indeed....


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