Kanitz v Rogers Cable Inc

Kanitz v Rogers Cable Inc, 2002 CanLII 49415 (ON SC), 58 OR (3d) 299 is a leading Canadian decision on website service contracts.

The court held that a posting on a corporate website is sufficient notice to bind customers to changes in their user licenses.

The Court also upheld the arbitration agreement itself, as well as a "no class actions" clause.

In other words, the parts of the contract that forbade Rogers customers from going to a regular court (forcing them instead to seek redress from an arbitration panel) and from suing as a class were deemed valid.

The Ontario legislature quickly responded by including provisions in the 2002 Consumer Protection Act that make both "no class action" clauses and "arbitration clauses" unenforceable in consumer contracts.