[Transcend]

Like I have always said, proper grammar and punctuation is of the utmost importance.

http://www.theglobeandmail.com/servlet/story/LAC.20060807.RROGERS07/TPStory/?query=comma

It could be the most costly piece of punctuation in Canada.

A grammatical blunder may force Rogers Communications Inc. to pay an extra $2.13-million to use utility poles in the Maritimes after the placement of a comma in a contract permitted the deal's cancellation.

The controversial comma sent lawyers and telecommunications regulators scrambling for their English textbooks in a bitter 18-month dispute that serves as an expensive reminder of the importance of punctuation.

Rogers thought it had a five-year deal with Aliant Inc. to string Rogers' cable lines across thousands of utility poles in the Maritimes for an annual fee of $9.60 per pole. But early last year, Rogers was informed that the contract was being cancelled and the rates were going up. Impossible, Rogers thought, since its contract was iron-clad until the spring of 2007 and could potentially be renewed for another five years.

Armed with the rules of grammar and punctuation, Aliant disagreed. The construction of a single sentence in the 14-page contract allowed the entire deal to be scrapped with only one-year's notice, the company argued.

Language buffs take note -- Page 7 of the contract states: The agreement "shall continue in force for a period of five years from the date it is made, and thereafter for successive five year terms, unless and until terminated by one year prior notice in writing by either party."

Rogers' intent in 2002 was to lock into a long-term deal of at least five years. But when regulators with the Canadian Radio-television and Telecommunications Commission (CRTC) parsed the wording, they reached another conclusion.

The validity of the contract and the millions of dollars at stake all came down to one point -- the second comma in the sentence.

Had it not been there, the right to cancel wouldn't have applied to the first five years of the contract and Rogers would be protected from the higher rates it now faces.

"Based on the rules of punctuation," the comma in question "allows for the termination of the [contract] at any time, without cause, upon one-year's written notice," the regulator said.

Rogers was dumbfounded. The company said it never would have signed a contract to use roughly 91,000 utility poles that could be cancelled on such short notice. Its lawyers tried in vain to argue the intent of the deal trumped the significance of a comma. "This is clearly not what the parties intended," Rogers said in a letter to the CRTC.

But the CRTC disagreed. And the consequences are significant.

The contract would have shielded Rogers from rate increases that will see its costs jump as high as $28.05 per pole. Instead, the company will likely end up paying about $2.13-million more than expected, based on rough calculations.

Despite the victory, Aliant won't reap the bulk of the proceeds. The poles are mostly owned by Fredericton-based utility NB Power, which contracted out the administration of the business to Aliant at the time the contract was signed.

Neither Rogers nor Aliant could be reached for comment on the ruling. In one of several letters to the CRTC, Aliant called the matter "a basic rule of punctuation," taking a swipe at Rogers' assertion that the comma could be ignored.

"This is a classic case of where the placement of a comma has great importance," Aliant said.

The comma conflict

The disputed sentence: "This agreement shall be effective from the date it is made and shall continue in force for a period of five (5) years from the date it is made, and thereafter for successive five (5) year terms, unless and until terminated by one year prior notice in writing by either party."

How Rogers reads it: The contract is good for five years and is automatically renewed for successive five-year terms. The deal can not be terminated within the first five-year term.

How Aliant reads it: The contract can be cancelled at any time provided one-year notice is given.

What the experts say: The presence of the second comma means the conditions of cancelling the contract apply to both the initial five-year term and subsequent five-year terms.

 

[jaydee]

I'm a grammar nazi, and I think that's a pretty fine point and could be argued either way. It's just poor contract-writing. They should have had a separate sentence to deal with the "unless" condition.

 

[Transcend]

Of course they should have, and their lawyer who drafted that should be held responsible.

But it goes to show what badly written english can do to you.

 

[Nobody]

I love this post.

I am not a grammar nazi, per se, but i sorely detest the 'broadband' diminishment of even the most basic of Proper English Usage!

yay!

I'm so happy now I could just ****!

 

[Ciaran]

I don't know why women always complain about periods. It's the commas that get you.

 

[binary visions]

I think that's pretty clear, actually, and it was an exceptionally bad choice of words (or good choice, depending on which company's lawyer wrote it ).

Funny stuff - I think I'll be more careful in proofing the next thing I sign

 

[SK6]

wOw, thAts prety fuNny. I liked ConTRact law, but I found this hard to find beliviebel and wIll affECt coNTracT laws in The far Near Fuuture.








(OK, so who is just shaking just reading that? )

 

[reflux]

Speaking of grammar, I have an easy question for you "nazis" out there. What is the proper use of the word "whom?" Thanks.

 

[binary visions]

Speaking of grammar, I have an easy question for you "nazis" out there. What is the proper use of the word "whom?" Thanks.

Replace "who" or "whom" with "he/she" or "him/her" and go with what sounds right.

For instance, The man who/whom I took to be your brother. You took "him" to be the brother, so whom is correct there.

That's the rule I was taught, anyway.

 

[bluebug32]

Awesome post! Commas are pretty tricky. At the magazine, we use the Chicago style which dictates that commas are often used before the word "and." The serial comma used in a list threw me off for the longest time

 

[Ridemonkey]

Good, Rogers deseves to get screwed now and then.

 

[Transcend]

Good, Rogers deseves to get screwed now and then.

God knows their wireless dept. attempts to screw me monthly.

 

[Ridemonkey]

God knows their wireless dept. attempts to screw me monthly.

Yeah...my cable and internet through them are ripoffs, but at least I know what to expect...the crap they craft up in the wireless department is unbelievable.

 

[MMike]

I don't know if it's my wife's phone or if it's the service itself, but lately without fail, any call over 2-3 minutes gets dropped.


She swears she's not haning up on me......

 

[Transcend]

I don't know if it's my wife's phone or if it's the service itself, but lately without fail, any call over 2-3 minutes gets dropped.


She swears she's not haning up on me......

Your wife is seeing another man.

That said, my service is great and I don't have an overly expensive deal ($39.99 a month free nights/weekends at 6 and 150/weekly).

The data prices are absolute insanity though. I would buy a $20 a month unlimited package like i had on verizon..only it doesn't exist. 1mb is like $30 WTF? Even texting from the US is like 40c a message. What the hell?

 

[MMike]

(missed this one)


That would certainly take some pressure off me......

Your wife is seeing another man.

 

[vitox]

a fine post indeed


anyone read about the case where a guy got executed because of a misplaced comma?

 

[BigMike]

I'm glad to see a cable company getting stuck by the man!

Its pretty funny that they have such bad contract writers, it should definantly be a seperate sentance.

Damn Canadians

anyone read about the case where a guy got executed because of a misplaced comma?

That one, I missed!

 

[Nobody]

I'm glad to see a cable company getting stuck by the man!

Its pretty funny that they have such bad contract writers, it should definantly be a seperate sentance.

Damn Canadians

As opposed to Americans, where we accept just about anything and call it good - yeah, right.

By the way, it's spelt "separate"


and...

...wait for it...

"sentence"

 

[BigMike]

uh oh, I've been cought!