Aspencer1.com Inc. v. Paysystems Corporation

8 Apr ’05

A Quebec judge has ruled in Aspencer1.com Inc. v. Paysystems Corporation that an amendment to add arbitration provisions to an online contract, effected by a revision to an online version of the terms, is not binding because the other party did not specifically agree to the revision. While the facts of the case are apparently similar to the case of Kanitz v. Rogers Cable Inc., a 2002 decision of the Ontario Superior Court that reached the opposite conclusion, the decision is in French (and the Google translation, while very funny, is not much help) and it’s not clear to me whether in Aspencer the original agreement specified that amendments could be made in this manner, or the extent of the notice given concerning the amendment.

Please feel free to comment if you have additional info.

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