Rudder vs Microsoft

Rudder vs Microsoft - RUDDER v. MICROSOFT CORPORATION...

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
RUDDER v. MICROSOFT CORPORATION ONTARIO SUPERIOR COURT OF JUSTICE October 4, 1999 WINKLER J.: This is a motion by the defendant Microsoft for a permanent stay of this intended class proceeding. The motion is based on two alternative grounds, first that the parties have agreed to the exclusive jurisdiction, and venue, of the courts in King County in the State of Washington in respect of any litigation between them, and secondly, that in any event, Ontario is not the appropriate forum for the conduct of this proceeding and that the service ex juris of the Statement of Claim ought to be set aside. The Microsoft Network ("MSN"), is an online service, providing, inter alia, information and services including Internet access to its members. The service is provided to members, around the world, from a "gateway" located in the State of Washington through computer connections most often made over standard telephone lines. The proposed representative plaintiffs in this action were subscriber members of MSN. Both are law school graduates, one of whom is admitted to the Bar in Ontario while the other worked as a legal researcher. They were associated with the law firm which originally represented the intended class. The plaintiffs claim under the Class Proceedings Act, 1992, S.O., C.6 on behalf of a Canada-wide class defined as: All persons resident in Canada who subscribed for the provision of Internet access or information or services from or through MSN, The Microsoft Network, since September 1, 1995. This class is estimated to contain some 89,000 MSN members across Canada. The plaintiffs claim damages for breach of contract, breach of fiduciary duty, misappropriation and punitive damages in the total amount of $75,000,000.00 together with an accounting and injunctive relief. The plaintiffs allege that Microsoft has charged members of MSN and taken payment from their credit cards in breach of contract and that Microsoft has failed to provide reasonable or accurate information concerning accounts. The Statement of Claim was served on Microsoft at its offices in Redmond, Washington on January 5,1998. The contract which the plaintiffs allege to have been breached is identified by MSN as a "Member Agreement". Potential members of MSN are required to electronically execute this agreement prior to receiving the services provided by the company. Each Member Agreement contains the following provision: 15.1 This Agreement is governed by the laws of the State of Washington, U.S.A., and you consent to the exclusive jurisdiction and venue of courts in King County, Washington, in all disputes arising out of or relating to your use of MSN or your MSN membership. The defendant relies on this clause in support of its assertion that the intended class proceeding should be permanently stayed.
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
- 2 - Although the plaintiffs rely on the contract as the basis for their causes of action, they submit that the court ought not to give credence to the "forum selection clause" contained within. It is stated
Background image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 03/08/2011 for the course MOS 276 taught by Professor King during the Spring '11 term at UWO.

Page1 / 6

Rudder vs Microsoft - RUDDER v. MICROSOFT CORPORATION...

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online