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Lecture 6

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Ryerson University
Law and Business
LAW 525
Gil Lan

Law 525 Lecture 6 Ontario consumer protection act 2002 (provincial legislation) • Constitutional authority of this act Section 92 (13) property and civil rights constitution act 1867 reference to quebec vs irwin toy where it was upheld on the same section • Rights and warranties ss 6-13 ( also in sales of goods act) • Buyer is broader than consumer • Consumer is a subset of buyer for personal/ household purposes • Major headings • Rights and Warranties, ss. 6 – 13 • Unfair practices, ss. 14 – 18 • Future Performance Agreements, ss. 22 – 26 • Time Share Agreements, ss. 27 – 28 • Personal Development Services, ss. 29 – 35 • Internet/Remote agreements, ss. 37 – 47 • Repairs, ss. 55 – 59 • Enforcement, ss. 104 - 117 • Has to be a consumer agreement, between business and consumer or supplier and consumer • Sale of goods act applies to all type of buyers while consumer protection act only applies to consumers • Future performance includes those that are either received in the future or paid for in instalments • Have to be in the business of selling, kjjii/ebay is not in the business of selling unless it is used a lot, 1 of sales don’t count • Ex, Consumer buying in Ontario are covered by section (2) of ocpa 2002, but in Manitoba there is no store physically , but according to section (2) if the business (person) engaging with the consumer is located in Ontario the consumer is covered • If you are a supplier selling things to consumer you must disclose information that is clear and comprehensible and prominent according to section 95) of ocpa 2002 • Still open to the possibility that barter is covered due to the word “payment” in ocpa 2002 • Consumer – individual acting for personal, family or household purposes and does not include a person who is acting for business purposes • Consumer agreement – agreement between supplier and consumer in which supplier agrees to supply goods or services for payment • Consumer transaction – any act of conducting business with a consumer • Future performance agreement – agreement in which delivery, performance or payment in full is not made when the parties enter the agreement • Representation – means a …statement…that is or purports to be, made…with a view to supplying …..or ….receiving payment for goods or services • Supplier – means a person who is in the business of selling…and includes an agent Rights and warranties • The rights in Act apply despite any agreement to the contrary (s. 7(1)), overrides what you and a business have agreed to • Section 7(2), overrides a provision that takes away the right to go to court and get arbitration • Section 7 (3), allows consumers and merchants to agree and go to arbitration • Even if you sign away your right to engage in class action you can still bring a class action under section 8, paternalistic legislation • Goods and services are reasonably acceptable under section 9 (1) • Includes goods that are leased under section 9 (2), only for consumers • Under section 10 (1) suppliers cannot charge a consumer an amount that exceeds estimate by more than 10%, but if the consumer want additional goods/services than estimate can be exceeded • Ambiguities interpreted in the favour of consumer section (11) • Not allowed to charge consumer for info getting them a benefit, ex mover is charging 30% more than estimate and you sell them that they can only charge you 10% is banned under section (12) as the info should be free • Receipt of unsolicited goods normally has no legal obligations regarding use or disposal under section 13(1) • Material change in solicited goods are deemed unsolicited under section 13(4) ex Netflix sends you 6 free movies then they change it to music videos • If consumer verbally agrees and consents to material change than the supplier can rely on it , but the onus is on the supplier to prove it section 13 (5) • If supplier receives payment by consumer for unsolicited goods they can demand a refund within one year under section 13 (7) Unfair practices • (6-9) Section 14 (1) there are a lot of examples of unfair misleading practices • Misleading practices were also seen on competition act, packaging and labelling act, Canada consumer product safety act, possible for any of these laws can apply but there are ad
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