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A Gatineau psychologist who had nearly two months of her agenda temporarily vanish in the iCloud took on tech giant Apple in a small claims court Thursday.
And, by the time Claire Maisonneuve was done pleading her case against Apple Canada in a tiny room on the fifth floor of Ottawa’s courthouse, she had settled for a pair of new iPods, two new iPads, a new iPhone and a new MacBook air.
Maisonneuve claimed she lost clients, missed appointments, ended up with double bookings and spent 27 hours on the phone with Apple representatives after the calendar she relied on for scheduling vanished first from her two iPads and then her iPhone on Sept. 16 of last year. The service wasn’t restored until Nov. 15. The crash also cost her all her personal contacts.
Maisonneuve sued Apple in small claims court for $13,400 for what she said was a loss of business, damage to her reputation and 27 hours on the phone at her usual rate of $140 an hour.
“Every client was just going, one after the other, just like being blown off (the screen),” explained Maisonneuve of the sudden software crash that deleted 7 1/2 weeks of appointments.
A psychologist for 24 years who specializes in clients with post traumatic stress disorder, Maisonneuve said she also treats victims of violent crime, and those who suffer from depression, anxiety or burnout. She said she was left with no idea who was coming to see her or when.
“I was panicking, panicking. People who come to see me are not feeling well,” she said. “I had to apologize and apologize and say ‘sorry.'”
Dissatisfied with Apple’s response, Maisonneuve decided to take her complaint to court.
Apple Canada sent in-house corporate lawyer Brian Feely to argue its case. He hadn’t been in court long before Ontario Superior Court Justice Raymond Gouin called Apple’s statement of defence “very sketchy.”
“It’s a one liner,” said the judge, before reading the single sentence: “Apple stands by its warranty and the indemnification in the licencse agreement.”
“Usually you have to plead facts,” the judge said.
Apple’s lawyer didn’t ask a single question of Maisonneuve or present any evidence, instead saying he didn’t dispute Maisonneuve had a “less than stellar” experience. But Apple believed it had “stepped up” with the good customer service and several offers of appeasement and that Maisonneuve’s claims weren’t reasonable, Feely said.
“She had three years of excellent service and seven weeks of inconvenience,” said Feely, who relied on user agreements for Apple’s iCloud service as his defence.
Feely admitted “nothing is perfect” and that it was a complicated “to make all these devices work together,” especially when syncing with the iCloud, an Internet-based service that allows users to access pictures or other data on multiple devices.
“Now we know Apple isn’t perfect. I always thought you guys were perfect,” judge remarked.
“I don’t think we ever claimed that,” said Feely.
Feely questioned why a psychologist of 24 years wouldn’t have kept paper backups of her agenda.
“Every user has the obligation to back up this data and be responsible for it,” he said.
When the judge pointed out Apple had presented no evidence Maisonneuve saw the user agreement when she signed up for the iCloud service in 2011, Feely countered that Maisonneuve had likewise presented no evidence of her hourly rate, the clients she was seeing or the double bookings.
The judge said he could reserve his decision and review the law or the two sides could try to reach a settlement during a 10-minute break.
That’s when Maisonneuve and Feely hammered out their deal — Maisonneuve would upgrade her existing Apple devices for the latest equivalent versions. She would also receive the extended warranties on all the devices plus her desktop computer and two years of technical support.
“No money?” Feely asked. “No money,” said Maisonneuve.
Outside court, Maisonneuve confessed she had no intention of leaving Apple. She said she was happy with the resolution.
“That is exactly what I’ve been asking for since the beginning,” said Maisonneuve.
aseymour@ottawacitizen.com
Twitter.com/andrew_seymour
查看原文...
And, by the time Claire Maisonneuve was done pleading her case against Apple Canada in a tiny room on the fifth floor of Ottawa’s courthouse, she had settled for a pair of new iPods, two new iPads, a new iPhone and a new MacBook air.
Maisonneuve claimed she lost clients, missed appointments, ended up with double bookings and spent 27 hours on the phone with Apple representatives after the calendar she relied on for scheduling vanished first from her two iPads and then her iPhone on Sept. 16 of last year. The service wasn’t restored until Nov. 15. The crash also cost her all her personal contacts.
Maisonneuve sued Apple in small claims court for $13,400 for what she said was a loss of business, damage to her reputation and 27 hours on the phone at her usual rate of $140 an hour.
“Every client was just going, one after the other, just like being blown off (the screen),” explained Maisonneuve of the sudden software crash that deleted 7 1/2 weeks of appointments.
A psychologist for 24 years who specializes in clients with post traumatic stress disorder, Maisonneuve said she also treats victims of violent crime, and those who suffer from depression, anxiety or burnout. She said she was left with no idea who was coming to see her or when.
“I was panicking, panicking. People who come to see me are not feeling well,” she said. “I had to apologize and apologize and say ‘sorry.'”
Dissatisfied with Apple’s response, Maisonneuve decided to take her complaint to court.
Apple Canada sent in-house corporate lawyer Brian Feely to argue its case. He hadn’t been in court long before Ontario Superior Court Justice Raymond Gouin called Apple’s statement of defence “very sketchy.”
“It’s a one liner,” said the judge, before reading the single sentence: “Apple stands by its warranty and the indemnification in the licencse agreement.”
“Usually you have to plead facts,” the judge said.
Apple’s lawyer didn’t ask a single question of Maisonneuve or present any evidence, instead saying he didn’t dispute Maisonneuve had a “less than stellar” experience. But Apple believed it had “stepped up” with the good customer service and several offers of appeasement and that Maisonneuve’s claims weren’t reasonable, Feely said.
“She had three years of excellent service and seven weeks of inconvenience,” said Feely, who relied on user agreements for Apple’s iCloud service as his defence.
Feely admitted “nothing is perfect” and that it was a complicated “to make all these devices work together,” especially when syncing with the iCloud, an Internet-based service that allows users to access pictures or other data on multiple devices.
“Now we know Apple isn’t perfect. I always thought you guys were perfect,” judge remarked.
“I don’t think we ever claimed that,” said Feely.
Feely questioned why a psychologist of 24 years wouldn’t have kept paper backups of her agenda.
“Every user has the obligation to back up this data and be responsible for it,” he said.
When the judge pointed out Apple had presented no evidence Maisonneuve saw the user agreement when she signed up for the iCloud service in 2011, Feely countered that Maisonneuve had likewise presented no evidence of her hourly rate, the clients she was seeing or the double bookings.
The judge said he could reserve his decision and review the law or the two sides could try to reach a settlement during a 10-minute break.
That’s when Maisonneuve and Feely hammered out their deal — Maisonneuve would upgrade her existing Apple devices for the latest equivalent versions. She would also receive the extended warranties on all the devices plus her desktop computer and two years of technical support.
“No money?” Feely asked. “No money,” said Maisonneuve.
Outside court, Maisonneuve confessed she had no intention of leaving Apple. She said she was happy with the resolution.
“That is exactly what I’ve been asking for since the beginning,” said Maisonneuve.
aseymour@ottawacitizen.com
Twitter.com/andrew_seymour
查看原文...
