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milnoc

join:2001-03-05
H3B
kudos:2
reply to nitzguy

Re: Incompetent technician cut off my Internet!

You're comparing the possibility of my future small claims court case with a failed class action lawsuit over a $30 parking ticket? Heh!

Also, for small claims court, you don't need a lawyer, and the fees are low. That was done intentionally so that people could demand fair compensation over issues in which the amounts involved don't justify a full court case.

Granted, the case against TekSavvy (if it ever escalades to that level) could be tricky as they're located in Chatham, Ontario. If the Quebec court doesn't recognize jurisdiction, I'd have to plead my case in Ontario.

And look at the implications if I lose completely and have no recourse whatsoever because I went with a third-party ISP. That would mean YOU HAVE ABSOLUTELY NO RIGHTS as a customer if your third-party Internet connection fails due to neglect by the last-mile provider. Knowing this, why would ANYONE ever take a chance purchasing any kind of service from a third-party provider?

That could kill off the whole industry.

on a side note, I couldn't get my phone tether to work. I'm missing the appropriate software. Gotta pick that up at work today, the only place I still have proper Internet access.
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Walter Dnes

join:2008-01-27
Thornhill, ON
said by milnoc:

Also, for small claims court, you don't need a lawyer, and the fees are low. That was done intentionally so that people could demand fair compensation over issues in which the amounts involved don't justify a full court case.

IANAL. My suggestion is...
•talk to a real lawyer.
•ask him what charges could be filed against a 19-year old vandal who broke into the telecom room and maliciously cut someone's line
•ask about filing similar charges against Bell, with the added clause "through malice or negligence".
•as you pointed out, you are not Bell's customer, so they do not have a TOS that gives them immunity, anymore than the fictitious 19-year old vandal
•what Bell needs to straighten them out is having employees face jail time and/or criminal records for stuff like this. A $7K out-of-court-settlement is loose-change-in-the-sofa for a multi-billion dollar corporation