One small thing... I got hit with a $35 activation fee. BB CSR said it will be added to the first invoice. So, it's not just $50!
BUT I also got a $50 BB GC.
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Let's nip this question of legality in the bud right now. This topic has been discussed dozens of times on HowardForums and official Fido and Bell reps have themselves suggested using Quebec addresses if you wish your termination fees to be determined by Bill 60. It is legal nor has there been a record of ANY Canadian cell company making an issue of it. Here are some of the links:drunkgoat wrote: ↑Let me preface this by saying this is not legal advice, don't rely on anything written here.
DK, Are you sure? Maybe that is company policy currently, but contract law is another matter. If Bell decided to take this matter the other way, they may very well be in a legally sound positon to enforce their contract rights. If the contract is not formed in Quebec, the amendments to the Quebec Consumer Protection Act in Bill 60 are irrelevant.
When you go into Bestbuy, do you sign the documents on the spot, or is it done electronically?
If you sign the documents in the store, I believe the contract is formed in the current jurisdiction. This is a generally accepted principle of common law.
If done electronically, as is the case with instantaneous communication (e.g. telephone, email, fax, electronic submission) between principals, the contract is formed in the jurisdiction where the offeror (Bell) receives you acceptance of the contract (see Eastern Power Ltd. v. Azienda Communale Energia and Ambiente, 178 D.L.R. (4th) 409) and also the Electronic Commerce Act (Ontario).
Now, Bell may well in fact receive your electronic submission at their head quarters in Montreal, if so, then the contract can be said to have been formed in Quebec. However, they could also potentially receive your transmission at an Ontario office, in which case, again the contract would be formed in Ontario.
In any event, this is mostly an academic endeavour, as I find it unlikely that Bell would take these matters to court. They'd probably just send their debt to collections.
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