Consumer Protection: Statutes Providing Various Rights and Remedies

Question: What consumer protection laws in Ontario can help me if a business misled me or used unfair practices?

Answer: In Ontario, consumer issues like misleading representations, unfair practices, and contract problems may be covered by statutes such as Consumer Protection Act, 2002, S.O. 2002, c. 30, Sched. A, as well as Competition Act, R.S.C. 1985, c. C-34 and Sale of Goods Act, R.S.O. 1990, c. S.1, depending on the facts.  Hall Paralegal Services provides paralegal services in Ontario to help consumers understand their rights, document the issue, and pursue practical next steps such as demand letters, negotiations, or applicable tribunal or court processes.

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: