Telemax Communications Inc. v. Canquest Communications (Canada) Inc., 2006 CanLII 7033 (ON S.C.)

  • March 10, 2006

Date: 2006-03-10 Docket: 02-CV-233323CM2. Master Dash. | Link

"[13] Telemax sold pre-paid phone cards. Canquest provided switching services to Telemax to route the pre-paid card calls and provide PINs for card users pursuant to various agreements between Canquest and Telemax. Canquest through its switch was to capture and store telephone usage in its computer database including PINS, originating and destination telephone numbers, number of seconds on each call and other time related data. Canquest generated Call Detail Records ("CDR") that was used to generate invoices. This commercial dispute centres on the validity of the invoices rendered by Canquest to Telemax for use of its switching services. Telemax claimed it did not pay the invoices because they were excessive and not supported by the data provided. Telemax has contended throughout that it never received complete and accurate billing data from Canquest to support the billings rendered." Corporate representative examined did not have the necessary technical knowledge. Under Rule 31.03(2)(b), the Court can permit further corporate representatives to be examined in special circumstances.