Appellant
Respondent
Background: The case involved Chera Harris, who claimed she suffered personal injury after consuming products manufactured by Isagenix International LLC and its affiliates. Harris alleged that the products were over-fortified with vitamins and minerals, contrary to their labeling, leading to her injuries. She initially enrolled as a "Preferred Customer" and later became an "Associate" with Isagenix, agreeing to contracts containing arbitration clauses.
Legal Arguments/Issues: Isagenix sought to stay Harris's litigation, arguing that the arbitration clauses in their contracts required arbitration for any disputes, including her personal injury claim. Harris countered that her claim arose from the tort of negligence, independent of any contractual relationship. The primary legal issue was whether the arbitration clauses applied to Harris’s tort claim.
Held: The Court of Appeal for British Columbia dismissed Isagenix's appeal, upholding the lower court’s decision. The Court agreed that the arbitration clauses did not apply to Harris's tort claim, as her claim was based on negligence and did not arise from the contracts. The Court found no arguable case that the arbitration clauses covered Harris’s personal injury claim.
Costs/Damages Awarded: The document did not specify the total amount of costs or damages awarded in favor of Chera Harris.
Court
Court of Appeals for British ColumbiaCase Number
CA48176Practice Area
Tort lawAmount
Winner
RespondentTrial Start Date
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