Consumer Protection:

Question: What consumer rights do I have under Ontario law when a corporation sells me a product or service that seems unfair, deceptive, or not as promised?

Answer:   In Ontario, you can often rely on consumer protection protections under the Consumer Protection Act, 2002, S.O. 2002, c. 30, Schedule A, as well as related rules in the Competition Act, R.S.C. 1985, c. C-34, and the Sale of Goods Act, R.S.O. 1990, c. S.1.  If a contract is required, the law may expect certain terms in writing, and you may also have remedies when a seller’s representations are misleading, a practice is unfair, or goods or services do not meet what was promised or reasonably intended.  For guidance specific to your situation, paralegal help through Caruso Legal Services can explain which rights may apply in your transaction and next steps to take in Ontario.  Call (289) 271-0488 to speak with Caruso Legal Services today.

In the world of commerce, and in particular matters of consumer transactions, the individual person as a purchasing consumer is often at significant disadvantage in business dealings, especially when such business dealings involve large corporations.  To help balance the playing field, so to help ensure that individual consumers receive fairness during business dealings, consumer protection laws were put into place.

Without the protection of consumer protection statutes, consumers would be subjected to the common law and the age old adage of buyer beware or caveat emptor as such is known in Latin) and often referred to within historical legal precedents.

The Law

The law contains many statutes that contain provisions providing protection to consumers including, among various others:

• The Consumer Protection Act, 2002, S.O. 2002, Chapter 30, Schedule A;
• The Competition Act, R.S.C. 1985, c. C-34; and
• The Sale of Goods Act, R.S.O. 1990, c. S.1.

In addition to the statute laws as above, and despite buyer beware principles, the common law as ruled by judges also contains protections for consumers such as implied warranties requiring that sellers to supply products appropriate for the intended purpose or for the performance of good work.

Common Issues Include: