Consumer Protection:

Question:How do Ontario consumer protection laws help me if a company tries to waive its obligations in a contract?

Answer:If a business in Ontario tries to use contract language to limit or waive its legal obligations, Ajodhia Legal Services can help you assess whether the Consumer Protection Act and related unfair practices rules apply to your situation, and what remedies may still be available when a waiver conflicts with statutory consumer protections or implied terms.  A paralegal at Ajodhia Legal Services can review the contract, the sale or service facts, and any communications, then help you decide next steps like sending a request to correct or unwind the deal, preparing a complaint, or getting ready for a dispute.  For consumer transaction issues across Ontario, call (647) 882-8205 for guidance on your options.

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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.

Note: Please contact Ajodhia Legal Services by phone at: (647) 882-8205 to discuss any specific questions that you may have.

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: