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Can a Canadian Wireless Service Provider cancel my contract…

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Can a Canadian Wireless Service...
Can a Canadian Wireless Service Provider cancel my contract because I am unhappy with their service and I called into service too many times
Submitted: 8 months ago.Category: Canada Law
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Answered in 5 minutes by:
9/14/2017
Lawyer: Debra, Lawyer replied 8 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 104,599
Experience: Lawyer
Verified

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Lawyer: Debra, Lawyer replied 8 months ago

I am sorry to hear this.

No they cannot breach their contract with you so if you have a contract with them they cannot terminate it early.

If you are not on a contract then they can terminate their services whenever they like.

Does that fully answer your question?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Customer reply replied 8 months ago
Thanks Debra: Here are the details that you need to know.. The vendor is ROGERS. I currently have 3 open issues in regards ***** ***** is regulatory non-compliance with the new Wireless Code that Came out in June 2017 ( TRP-2017-200) There have been a number of issues around this for the last few months. Rogers is not threatening me with the fact that because I have created all these issues with them and my apparent unhappiness with the service that they might terminate my agreement after being a customer for the last 32 years. Can they Terminate my contract because they don't want me as a customer anymore?
Customer reply replied 8 months ago
Rogers is of the position that even though I have a valid contract, been with them for 32 years and that I am current with my account that if I continue to "Be a pain in the ass customer" the will cancel my contract and waive all fees sending me packing to another vendor.
I have asked for a copy of any legal document from them stating that they have this right and am waiting to get a copy of this.
Your thoughts?
Lawyer: Debra, Lawyer replied 8 months ago

But are you a regular customer or on a contract?

I have been with the for decades and decades as well but I am careful never to have a contract with them and though I use them for cable, Internet and cellphones I don't have one single contract with them.

So I am wondering if that is the case with you as well. Do you know?

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Customer reply replied 8 months ago
I have been on Contract for House phone, 5 Cell Phones, TV and Internet for 32 years. The problem is that I work in regulatory compliance within the cybersecurity area. I own my consulting firm and work globally on types of regulatory, privacy and risk related issues with Governments and large corporations. At present, I have identified a regulatory non-compliance issue that has drawn the attention all the way up to the SVP of Compliance at Rogers. They are fighting a loosing battle. But because I have been calling into Billing and Management teams (building my case against them) they are now telling me that if I am that unhappy they are glad to cancel all my obligations contractually and let me walk or they will kill my contract for me as they have the right to deal with only the customers that they want to, regardless of if I valid contract or not. I am just on hold with the CCTS to update my account with these notes and will be calling you in a few min to fully understand how Rogers thinks that they can kill based on what grounds. It must be in terms and conditions but I read it and don't see anything.,
Lawyer: Debra, Lawyer replied 8 months ago

They cannot.

The contract is binding on all parties and neither party can get out of the contract without the consent of the other except if the other breaches the contract or there is wording in the contract that allows for early termination.

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Customer reply replied 8 months ago
This is what I am after.. is there wording in the contract that allows them to do this or what would be considered a breach from me. I have asked for this.
Lawyer: Debra, Lawyer replied 8 months ago

You would have to review the contracts in full of course. I have no idea myself and have never seen a full contract.

I was going to say to contact the CCTS so you are doing the steps I would have suggested.

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Customer reply replied 8 months ago
HI Debra: Rogers just got back to me in regards ***** ***** they can cancel the contract. They quote from Terms and conditions the following, the question I would have is around the part where it says "Unless otherwise permitted by applicable law" Does the following mean that they can actually cancel as long as they give me 30 days. And then what about early cancellation fees and such that I would be liable for if I tried to do this?Can Rogers cancel my Services and when does cancellation take effect?Not applicable to Residents of Newfoundland* or Residents of Québec**: Unless otherwise permitted by applicable law, Rogers may cancel any or all of your Services or accounts and any corresponding Agreement, as long as we give you at least 30 days’ prior written notice. Applicable charges continue until the cancellation date. Applicable only to Residents of Newfoundland* or Residents of Québec**: Unless otherwise permitted by applicable law, Rogers may cancel any or all of your Services or accounts and any corresponding Agreement, as long as we give you at least 60 days’ prior written notice. If you have subscribed to a Term Service, then we may cancel that Service: (i) (applicable only to Residents of Newfoundland*) only if we no longer have the technical ability to provide that Term Service, or (ii) (applicable only to Residents of Québec**) only pursuant to Sections 1604, 2126 and 2129 of the Civil Code of Québec. Applicable charges continue until the cancellation date. Applicable only to Residents of Newfoundland*: If your account has a credit balance over $10 on your final bill, then we will refund that balance to you within 60 days of the date of that bill. Discretionary credits will not be refunded.
Lawyer: Debra, Lawyer replied 8 months ago

I think you are stuck and they can cancel unfortunately. There is no law in Canada (I don't now about Quebec) that will help you.

Their lawyers clearly thought of this and did the correct wording. I am sorry about that.

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Customer reply replied 8 months ago
Debrah.. I can't believe that I am stuck.. this would mean that I have contract wit no protection what so ever. I need to absolutely sure that you are correct in what your saying.. What about the section that states Unless otherwise permitted by applicable law. Am I not protected by Contract law here. I really do need to make sure that I have covered this base properly.
Kriss
Lawyer: Debra, Lawyer replied 8 months ago

The law allows you both to sign the contract with the terms provided. There is no law for consumers that provides otherwise.

Sometimes there is an Act that cannot be contracted out of. For example, the Employment Standards Act doesn't allow anyone to agree to be paid less than minimum wage or to give up the right to vacation pay or breaks or holidays etc.

But there is no Act that applies here.

You can and should run all this by the CCTS if you have not done so already.

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Lawyer: Debra, Lawyer replied 8 months ago

Is there anything more I can help you with at this point in time?

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