Williams v. Amazon.com, Inc.

Williams v. Amazon.com, Inc.

The court directed that Amazon is entitled to bring an application under s.15 of the Arbitration Act to stay the non‑Consumer Act claims before taking any step in the proceeding; while the court retains discretionary case management powers, that discretion must not be exercised in a manner that undermines the substantive right to seek a stay under the Arbitration Act, and no waiver or delay disentitling Amazon was found on the facts.

Citation
2019 BCSC 1807
Parties
Plaintiff: John Williams; Defendant: Amazon.com, Inc.; Defendant: Amazon Services International, Inc.; Defendant: Amazon.com.ca, Inc.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
26 August 2019
Procedural Posture
Class Action (consumer/competition) / Case Management Sequencing Application Pre Certification (application for Direction to Hear Stay Under Arbitration Act Before Certification)
Outcome
Granted in part: case management direction allowing Amazon to bring its s.15 Arbitration Act stay application prior to certification in respect of non‑Consumer Act claims.
Legal Topics
Sequencing Application, Stay of Proceedings, Arbitration Clause Enforceability, S.172 Consumer Protection Act, S.15 Arbitration Act, Certification Timing
Source Language
English
Class Actions Arbitration Consumer Protection Law Competition Law Contract Law Civil Procedure Sequencing Application Stay of Proceedings +4 more

Case Brief

Summary, issues, holding and outcome

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Parties

John Williams

Plaintiff

Amazon.com, Inc.

Defendant

Amazon Services International, Inc.

Defendant

Amazon.com.ca, Inc.

Defendant

Procedural Posture

Class Action (consumer/competition) / Case Management Sequencing Application Pre Certification (application for Direction to Hear Stay Under Arbitration Act Before Certification)

Legal Issues

  1. 1 Whether defendant may bring an application to stay proceedings under s.15 Arbitration Act prior to certification
  2. 2 How the Arbitration Act interacts with the Class Proceedings Act and whether procedural sequencing can defeat substantive arbitration rights
  3. 3 Whether s.172 of the Consumer Protection Act overrides arbitration for consumer claims and the effect on bifurcation

Ratio Decidendi

The court directed that Amazon is entitled to bring an application under s.15 of the Arbitration Act to stay the non‑Consumer Act claims before taking any step in the proceeding; while the court retains discretionary case management powers, that discretion must not be exercised in a manner that undermines the substantive right to seek a stay under the Arbitration Act, and no waiver or delay disentitling Amazon was found on the facts.

Court Disposition

Granted in part: case management direction allowing Amazon to bring its s.15 Arbitration Act stay application prior to certification in respect of non‑Consumer Act claims.

Orders

  • Amazon may bring an application to stay the non-Consumer Act claims pursuant to s.15 of the Arbitration Act before taking any step in this proceeding.
  • The stay application may proceed on September 18, 2019 as scheduled or on the next available date for parties and the court if the plaintiff requires additional time.