Consumer Protection:

Question: How do Ontario consumer protection laws help if a big business won’t fix a defective product or service?

Answer: Ontario consumer protection laws help balance the power between individuals and large businesses by giving consumers rights around product quality, truthful marketing, and certain remedies when things go wrong.  In Ontario, the main framework includes the Consumer Protection Act, 2002, S.O. 2002, c. 30, Sch. A and also relevant rules under the Sale of Goods Act, R.S.O. 1990, c. S.1, which can support implied warranty-style protections, along with broader limits on misleading conduct under the Competition Act, R.S.C. 1985, c. C-34.  If you are dealing with a defective item, poor workmanship, or a dispute about repairs, refunds, or contract terms, Olson Craig Legal can help assess your situation and explain your next steps with lawyer & paralegals who handle Ontario consumer transaction issues; call (226) 886-2001 for guidance.

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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: