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  #1  
Old 06-09-2011, 08:46 PM
Superchief Superchief is offline
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Join Date: Aug 2010
Posts: 6
Arrow I Am Taking Xplornet To Small Claims Court

I just spoke with Xplornet regarding my inability to access Ontario Learn website and the importance of having this access. I advised them of the actions I had taken which prove it is there problem and not mine.
They will not let me out of my contract so I obtained the details of their legal department. In my spare time I am going to file a Small Claims Court action against them for Breach of Contract as my background is legal.
They claim they will actually fly a lawyer up from New Brunswick to defend this claim. I am looking forward to this battle as these bullies need to be legally bullied back. The claim will encompass all the problems over the past couple of years.
After all my homework and proving that it is there problem they wanted to get me to try things on my computer. I spent 5 hours on the phone with level 2 on Monday doing all this stuff. They don't get it, my computer is not broken, nor is my laptop. They both work fine with my new provider.
Has anyone told them it is there company that is VERY BROKEN?
Has anyone else out there actually started a legal battle with Xplornet?
I live in the Ottawa area if anyone else wants to start a legal action against them. Remember the bully must be bullied back if they are ever to stop acting in this manner.
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  #2  
Old 06-10-2011, 08:46 AM
fasteddy2 fasteddy2 is offline
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Location: Belleville, ON
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So is it REALLY worth your time and money on this. Are your pockets as deep as Barrett Xplore?

Why not tackle it from a different angle? Cancel your service and wait for them to take you to court (if they even do).

That way you can focus on your studies (using your new ISP).
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  #3  
Old 06-10-2011, 08:48 AM
Xplornet Pilot Xplornet Pilot is offline
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Small Claims Court is almost "free".
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  #4  
Old 06-10-2011, 11:17 AM
ret ret is offline
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Don't know about small claims court but in others like family court if you lose you pay court costs including their lawyers fees.
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  #5  
Old 06-12-2011, 09:25 AM
Superchief Superchief is offline
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Default Small Claims Court

Hi,
Small claims court has limited fees to bring the action and court fees are rarely assigned to the loosing party unless there are aggravating circumstances. The idea of small claims court it to allow "everyday people"
to resolve disputes without the expense of going to a higher level court.

As a legal and financial person I must caution anyone who justs stops paying. Xplornet can then ruin your credit bureau. Your beacon score will go down with each payment missed and if the matter goes to collection then forget borrowing money for a mortgage, car loan or whatever. Credit ratings take a long time to repair and even correct if one can prove that the
bureau ratings are wrong and should not be reflected on your account.
My credit score is extemely important to me so I will play the legal game properly in order to protect it.

Xplornet banks on the fact that the little guy will be afraid to take on their lawyers. I once took on a large builder due to a breach of contract in high court and against all odds was successful. I had a strong case but the builder had influence within the city and made my life difficult for 3 years and many road blocks were put up. I took each road block down and advised the builder that the only way I would stop would be if he hired a hit man to put me down. I was young and fearless at the time along with determined and motivated not to be controlled by his power as most others are. XPLORNET BANKS ON THEIR POWER SCARING THE SMALL GUY AND SO THE BULLY CONTINUNES TO BULLY.
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  #6  
Old 10-16-2012, 02:08 AM
acdcmike acdcmike is offline
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Join Date: Oct 2012
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So, did you take them to court finally?

Funny you brought this up in June 2011, I had the same problem in Sept 2011 till March 2012. Really, did you do anything more about it?

I know I'm touching base quite a ways down the road but I am interested.

Hope you still get email from here.

Cheers!
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  #7  
Old 10-18-2012, 04:29 AM
acdcmike acdcmike is offline
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Well, maybe you won't respond.

Just a heads up, I am taking Xplornet to small claims court and suing for $24,000. They will receive the summons by the end of the month. I have a 600 page binder of supporting documentation consisting of over one year of incidents that took place to this day. I have network egineering reports and expert witnesses to back my claims regarding what I went through. I aslo have a corporate lawyer (prof at the U of O), my brother in law, to take care of the contractural aspect of things that will be void, and that they hold so dear.

I will keep you posted,

Cheers.

Last edited by acdcmike : 10-18-2012 at 04:51 AM.
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  #8  
Old 10-18-2012, 02:25 PM
boy-you-know-who-it-is boy-you-know-who-it-is is offline
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Mike,

Even if Superchief is no longer active on these boards, I am definitely interested on how you make out. I am sure the other active users here would be interested too.

Keep us posted!

Best of luck
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  #9  
Old 10-18-2012, 04:11 PM
acdcmike acdcmike is offline
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Will do.

I would be more than glad to.

Cheers!
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  #10  
Old 10-18-2012, 04:20 PM
acdcmike acdcmike is offline
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I will start a new thread for my case though.

It will deserve a new start. I won't post it here.

Take care.

Mike
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