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    September 22

  • 07:24 PM

Cheating wife sues over split

rhondathompson, rhondathompson@nationnews.com

Added 18 June 2010

TORONTO – A Toronto woman says the billing practices of Rogers Wireless Inc. led to her husband discovering her extramarital affair.Now the woman, whose husband walked out, is suing the communications giant for CAN$600 000 for alleged invasion of privacy and breach of contract, the results of which she says have ruined her life.In 2007, Gabriella Nagy had a cellphone account with Rogers which sent the monthly bill to her home address in her maiden name. Her husband was the account holder for the family’s cable TV service at the same address. Around June 4, 2007, he called Rogers to add Internet and home phone.The following month, Rogers mailed a “global” invoice for all of its services to the matrimonial home that included an itemised bill for Nagy’s cellular service, according to the statement of claim filed in Ontario Superior Court of Justice.When Nagy’s husband opened the Rogers invoice, he saw several hour-long phone calls to a single phone number.“Nobody does business this way and he’s not stupid,” says Nagy, who is in her 30s. He called the number, spoke to the “third party” who confirmed the affair, Nagy told the Star.“My husband didn’t tell me that’s how he found out, he just left.”“The husband used the previously private and confidential information that the defendant unilaterally disclosed to the husband to inquire about the people that the plaintiff was telephoning,” the statement of claim says.The statement alleges Rogers “unilaterally terminated its cellular contract with the plaintiff that had been in her maiden name and included it in the husband’s account that was under his surname.“The plaintiff’s maiden name and the husband’s surname were different. Such unilateral action by the defendant was done without the knowledge, information, belief, acquiescence or approval of the plaintiff.”In a statement of defence, Rogers denies it terminated the contract and says the company “cannot be held responsible for the condition of the marriage, for the plaintiff’s affair and consequential marriage break-up, nor the effects the break-up has had on her”.Rogers acknowledges it “consolidated the invoicing of the various services being provided to the plaintiff and her husband” so that one monthly invoice would be sent to their home. “Apart from administrative efficiency, doing so would result in savings to the plaintiff and her husband for the services.”Nagy is deeply embarrassed and ashamed about what happened. “It was a mistake,” she said of the affair. “But I didn’t deserve to lose my life over it.”After her husband left her and their two children, ages six and seven, she was so distraught her work performance suffered and she lost her job as an apartment rental agent that had paid her almost CAN$100 000 until she was let go in October 10, 2007. (Toronto Star)

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