Which side do you choose, Counsellor?

FIRST, READ THE RULES!!! Discussions of political science, economics, sociology, cultural anthropology, religions oother than Judeo-Christian, social issues and current events.

Which side do you choose, Counsellor?

Postby meteorite » Mon May 17, 2010 8:38 pm

Now here's a civil court case that should be pretty fascinating. So if you were a lawyer, given the facts, would you rather be acting for the plaintiff or the defence (ignoring who has the deeper pockets)?

Toronto woman sues Rogers for exposing her affair

By Linda Nguyen, Canwest News ServiceMay 17, 2010 6:23 PM

A cheating wife, a snooping husband and a cellphone bill has led to a $600,000 lawsuit being launched against telecommunications giant Rogers Wireless Inc.

TORONTO — A cheating wife, a snooping husband and a cellphone bill has led to a $600,000 lawsuit being launched against telecommunications giant Rogers Wireless Inc.

Gabriella Nagy, 35, of Toronto is suing Rogers for invasion of privacy and breach of contract after her husband discovered her extramarital affair through her cellphone bill in June 2007.

"My life is beyond repair," Nagy said Monday. "It was a mistake, I rectified it and learned from it, but I will carry it for the rest of my life."

According to a statement of claim, Nagy said she signed a cellphone contract with Rogers in June 2006 under her maiden name and asked for her bill to be sent to the home she shared with her husband and their two sons — now aged 6 and 7.

She said her husband left her and the children in August 2007 without giving any reason.

According to Nagy, she later discovered that her cellphone account had been terminated without her knowledge, then reactivated and bundled with the family's TV, Internet and home phone bill — listed in her husband's name.

When Nagy confronted her husband, he told her that he had seen an itemized list of calls on her cellphone bill and was suspicious of one number she was calling frequently. Some of the conversations lasted for hours at a time.

When he called that number, a man told him that he and Nagy had just ended a three-week affair.

Nagy claims that Rogers transferred her cellphone over to her husband without her knowledge, and subsequently is to blame for their breakup.

"The affair was over," she said. "The thing that really hurt me is that it all came out not through my own doing."

None of the allegations have been proven in court.

Nagy also said the separation led to her being fired from a $100,000 a year job as a rental sales agent.

"To lose a job that I worked so hard for to provide for my children, for it to be like nothing now," she said. "I feel like a nobody."

She said she cried uncontrollably at work and continues to go to therapy and takes prescription medication.

Nagy hasn't worked since her separation, and has been diagnosed as having "dysfunctional depression," according to a statement of claim.

A trial date has yet to be set, but Nagy said she's going public now with the lawsuit in an effort to prevent this from happening to anyone else.

The lawsuit was filed in December 2008 in Ontario Superior Court.

"The bottom line is that Rogers terminated my contact without my permission, transferred my services to someone else's name and breached my privacy," she said. "I entrusted them with my personal information."

Her lawyer, Edward Tonello, said the issue is his client's privacy was allegedly breached without her knowledge, leading to dire consequences.

"What, if any, cell carrier improperly discloses to a non-customer that the customer has a fatal disease or a contagious disease?" he asked. "To my knowledge, there has been no lawsuit for breach of privacy in such a manner in Canada."

Rogers has denied all the allegations, saying it was notified by Nagy and her husband that they wanted a single bill for all their services.

"We did not terminate Ms. Nagy's contract or automatically consolidate these accounts," said Rogers spokeswoman Kathy Murphy in an e-mail. "While we empathize with Ms. Nagy's situation, we cannot be responsible for the personal decisions made by our customers."

The company's statement of claim goes further, stating that Rogers should not be blamed for the marriage breakup or the effects it had on Nagy.

"The marriage breakup and its effects happened, or alternatively, would in any event have happened, regardless of the form in which the plaintiff and her husband received their invoices for Rogers services in July 2007," according to the court documents.

Rogers said the cellphone bill was consolidated into one bill for "administrative efficiency" that would result in savings to the plaintiff and her husband.

Rogers also claimed that Nagy paid her husband's bill on a number of occasions, using both her maiden and married name.

This isn't the first time a Canadian cellphone carrier has been blamed for a breakup.

In February, a Winnipeg man said his 2 1/2 year relationship ended when his girlfriend found suggestive text messages on his Virgin Mobile cellphone. He denied writing the messages, which included texts like "Booty call," "Where u at" and "Be there soon."

It was later discovered that the messages had been pre-programmed into his phone by the cellphone carrier.

With files from the Winnipeg Free Press
© Copyright (c) Canwest News Service
User avatar
meteorite
 
Posts: 1489
Joined: Sat Jan 30, 2010 7:15 pm

Re: Which side do you choose, Counsellor?

Postby Sean » Mon May 17, 2010 9:08 pm

Did they actually notify Rogers that they wanted one consolidated bill? If the company can prove that, they're off the hook completely.
Those who say it cannot be done shouldn't interrupt the people doing it.
Sean
 
Posts: 351
Joined: Sun Jan 31, 2010 3:11 am

Re: Which side do you choose, Counsellor?

Postby Barry Wolk » Tue May 18, 2010 12:39 pm

I wouldn't give her a dime if I were on the jury. I consider myself a "reasonable man" in this case. She is the proximate cause of her undoing, not the telephone company.
Barry Wolk
 
Posts: 66
Joined: Sun Jan 31, 2010 5:18 pm

Re: Which side do you choose, Counsellor?

Postby Jay » Tue May 18, 2010 3:07 pm

I agree. It wasn't the phone company's fault she was a slut.
User avatar
Jay
 
Posts: 452
Joined: Sat Jan 30, 2010 6:18 pm
Location: Alpha Centauri

Re: Which side do you choose, Counsellor?

Postby Jay » Tue May 18, 2010 8:03 pm

Speaking of sluts, did you read where the daughter of a certain ex governor of Alaska is getting between $15,000 and $30,000 for speaking engagements??? What does a 19 year old with barely a high school education have to speak about? Abstinence?? What a joke. Maybe she can sue the phone company, too, for getting pregnant at 17. White trash. I haven't read about anyone engaging her services...to speak, that is. I'll bet the ex-boyfriend is glad...might get him out of the 5 figure monthly child support he's been saddled with....FIVE figures....unbelievable. He doesn't even have a steady job, or a high school education.
User avatar
Jay
 
Posts: 452
Joined: Sat Jan 30, 2010 6:18 pm
Location: Alpha Centauri

Re: Which side do you choose, Counsellor?

Postby meteorite » Tue May 18, 2010 10:13 pm

Just for the record, this is just one of a number of reports I've read. The woman held the account in her maiden name and did not ask for consolidation. It appears that her husband walked out the instant he saw the bill and called the most frequently used number, and that this was the cause for her breakdown. For what the clarification is worth if true.

And in my dealings with them I have personally found Rogers to be an inaccessible, high-handed, arbitrary bunch of prime bastards, so whatever happens to them will draw no sympathy from me.
User avatar
meteorite
 
Posts: 1489
Joined: Sat Jan 30, 2010 7:15 pm

Re: Which side do you choose, Counsellor?

Postby Barry Wolk » Wed May 19, 2010 8:25 am

Pu-leeze! The phone company bears no responsibility. There was no intent to "out" her, so to speak. Had she kept her panties on there would have been no problem, no?

Heavy handed or not, they could not have foreseen her inappropriate behavior or the fallout from a clerical act.

She doesn't even deserve $1.00.

I think you might feel a little differently, Met, if you had been dipping into that well while she was carrying on elsewhere.
Barry Wolk
 
Posts: 66
Joined: Sun Jan 31, 2010 5:18 pm

Re: Which side do you choose, Counsellor?

Postby meteorite » Wed May 19, 2010 5:48 pm

As an aside, I don't approve of cheating wives. But that is their problem, not mine - and I don't consider other peoples' sex lives really much of my business.

But her morality isn't the issue here. The issue is, did a second party, through negligence, take an action that hurt the plaintiff?

I would be willing to suggest that Rogers had a duty to consider, if a woman was pointedly keeping her service in her maiden name, that there might be some reason for her to do so. I suggest, with their arbitrary action, they should have realised that there was the possibility of damage in this breach of privacy and contract. The account exists for her use and benefit, not Rogers convenience.

So I think I'd anticipate a higher level of success for the plaintiff's lawyer than the defendants.
User avatar
meteorite
 
Posts: 1489
Joined: Sat Jan 30, 2010 7:15 pm

Re: Which side do you choose, Counsellor?

Postby Barry Wolk » Wed May 19, 2010 6:36 pm

She should have mitigated the situation by having the bill sent to a post office box, negating any possible entanglement with the shared address. Just because she is stupid, doesn't mean that they're negligent.

We had a case around here where a drunk teenager did a faceplant into a shallow concrete pond at a concert venue and broke his neck. He won millions because they didn't expressly warn him not to dive into 6" of water. :roll:
Barry Wolk
 
Posts: 66
Joined: Sun Jan 31, 2010 5:18 pm

Re: Which side do you choose, Counsellor?

Postby Sean » Wed May 19, 2010 6:58 pm

Well screw working for $7.25/hour, where do I find a gig like that? :twisted:
Those who say it cannot be done shouldn't interrupt the people doing it.
Sean
 
Posts: 351
Joined: Sun Jan 31, 2010 3:11 am

Re: Which side do you choose, Counsellor?

Postby Jay » Wed May 19, 2010 7:24 pm

Rogers has denied all the allegations, saying it was notified by Nagy and her husband that they wanted a single bill for all their services.

Rogers also claimed that Nagy paid her husband's bill on a number of occasions, using both her maiden and married name.

According to a statement of claim, Nagy said she signed a cellphone contract with Rogers in June 2006 under her maiden name and asked for her bill to be sent to the home she shared with her husband and their two sons...

She had the bill sent to the family home. What was she thinking? Obviously, not with her head.

Most cell phone bills can be viewed on line at any time. I can check any of our 5 numbers for minutes used, numbers called, # of texts made, etc. It ain't a secret.


If these statements are proven true, Rogers is totally blameless, which I think they are, anyway.

It's the hose bag's fault. Time and time again, we read about people who's significant other has discovered an affair going on because of multiple calls or texts to a strange number when the bill comes in.....Is Tiger Woods going to sue his cell phone carrier because his wife saw all his texts and phone calls?

She needs to take responsibility for her actions. She made the decision to screw around. I don't think she lost her job because she separated from her husband. More than likely she can't handle the pressure from a situation SHE created. The phone company is an innocent bystander in this case.
User avatar
Jay
 
Posts: 452
Joined: Sat Jan 30, 2010 6:18 pm
Location: Alpha Centauri


Return to Social and philosophical discussions

Who is online

Users browsing this forum: No registered users and 3 guests

cron