call
Chat
This website uses cookies to improve user experience. By using our website you consent to all cookies in accordance with our Use of Website Policy.
This website uses cookies to improve user experience. By using our website you consent to all cookies in accordance with our Use of Website Policy. You may delete and block all cookies from this site but some elements may not work correctly.
FRANÇAIS
login/register
Zoomer Wireless
  • Plans
    close
    Canada-wide plans icon
    Canada-wide plans
    Plan Add-ons icon
    Plan Add-ons
    Travel Packs icon
    Travel Packs
    Wireless Home Phone icon
    Wireless Home Phone
    Promotions icon
    Promotions
    Get started icon
    Get started
  • Devices
    close
    All Devices icon
    All Devices
    Phones icon
    Phones
    Wireless Home Phone icon
    Wireless Home Phone
    Bring Your Own Phone icon
    Bring Your Own Phone
  • Help
  • My Account
  • More
    close
    About Us icon
    About Us
    Coverage icon
    Coverage
    Promotions icon
    Promotions
    rewards icon
    rewards
    Contact us icon
    Contact us
    Refer and Earn icon
    Refer and Earn
  • login/register
  • FRANÇAIS

Start Chat

Start a live chat session with one of our dedicated live agents.

YOU ARE HERE:
HOME Terms & Conditions

Terms & Conditions

CITYFONE ARBITRATION PROTOCOL

The following Arbitration Protocol applies to any arbitration by a customer of Cityfone, operated by Rogers Communications Canada Inc. (“Cityfone”). All arbitrations shall be conducted pursuant to the relevant provisions of the applicable arbitration legislation in the Province or Territory in which the customer of Cityfone who has initiated the arbitration process resides. Upon receiving a notice of arbitration in any form from a customer (referred to hereafter as the “Complainant”) Cityfone will ensure that the Complainant is provided with a copy of this Protocol along with a list of proposed arbitrators from which the Complainant may, as set out below, select an arbitrator.

Selection of Arbitrator

  1. The Complainant and Cityfone will take all necessary steps to ensure that the arbitration conducted pursuant to this Protocol is heard and determined by a single neutral, unbiased and experienced decision maker. The arbitrator shall be selected in the following manner:
    1. The Complainant may select any arbitrator from the list submitted by Cityfone to act as the arbitrator by written notice to Cityfone, and Cityfone shall agree to any arbitrator selected by the Complainant by written notice to the Complainant; or
    2. The Complainant may select a person who is not on the list by written notice to Cityfone, provided that Cityfone agrees to the person selected by the Complainant by written notice to the Complainant.
  2. If the parties cannot agree or have not agreed on a person to act as the arbitrator within 15 days of the selection by the Complainant of a proposed arbitrator, either party may commence an application to the Court in the jurisdiction where the Complainant resides seeking an order appointing an arbitrator. Subject to receiving an Order of the Court to the contrary, Cityfone will pay all costs and expenses associated with any such application to the Court, including the reasonable legal fees of the Complainant.

Place of Arbitration

  1. The arbitration shall be conducted and held in the jurisdiction where the Complainant resides.

Procedure of Arbitration

  1. The arbitrator shall establish procedures to be followed in the arbitration, including in respect of all matters related to documentary production, oral discovery rights (if any), evidence, procedural motions and the conduct of the hearing.
  2. The arbitrator shall establish procedures with a view to conducting the arbitration on a simplified, inexpensive and expeditious basis, while at the same time ensuring that the substantive and procedural rights of the parties are protected, and that the arbitration process is fair to both parties. For greater certainty, both parties shall have the right to adduce evidence and to make full submissions.

Representation of the Complainant

  1. The Complainant may select any person to represent him or her in the arbitration and shall pay for all costs, fees and expenses for such retainer.

Costs of Arbitration

  1. Cityfone shall pay all reasonable costs as follows, subject to any costs awarded against the Complainant under section 9 below:

    (a) any fees or expenses charged by the arbitrator; and

    (b) any fees or expenses associated with the use of any facilities required for the hearing of the arbitration.

Award of Costs

  1. The arbitrator shall have discretion to award costs against Cityfone in the event that the Complainant is successful in the arbitration.
  2. The arbitrator may only award costs against the Complainant in the event that the arbitrator concludes that the Complainant acted unreasonably, improperly or in bad faith in proceeding with the arbitration. Any costs awarded in favour of Cityfone shall not exceed the amount of costs that could reasonably be awarded in Small Claims Court, or similar proceedings, in the jurisdiction in which the arbitration is conducted.

Appeal Rights

  1. The parties shall have the rights of appeal provided for in the applicable arbitration legislation in the Province or Territory in which the Complainant resides.

Modification to Protocol

  1. Cityfone reserves the right to modify its arbitration protocol from time to time.

Need help?

See here for user manual or check FAQ

Let's stay in touch
Receive emails about our latest promotions, new products, and events
Thanks for subscribing!
Invalid email. Please, double check and try again.
Site Logo
1-888-632-1527
Box 19372 Metrotown PO
Burnaby, BC V5H 4J8
  • Customer Service
  • Accessibility
  • Contact Us
  • FAQ
  • Manuals
  • My Account
  • Alert Ready
  • Services
  • 911 Service
  • All Plans
  • Add-ons
  • All Devices
  • Bring Your Own Phone
  • Current Promotions
  • Travel Packs
  • Charges & Service Fees
  • Coverage & Network
CRTC Consumer Checklist Terms & Conditions

© Zoomer Wireless, 2018 - 2023. All rights reserved.

FRANÇAIS