Consumer Protection:

Question:What consumer protection rights do Ontario buyers have if a seller changes a contract after purchase?

Answer:In Ontario, consumer protection rules can limit unfair contract changes by requiring proper written contract terms and banning misleading or unfair practices under the Consumer Protection Act, 2002, S.O. 2002, c. 30, Sch. A   Affected buyers may also rely on common-law implied warranties when goods are not fit for the intended purpose, and on related federal rules like the Competition Act, R.S.C. 1985, c. C-34   For practical next steps, document what changed, keep receipts and advertising, and get a review of your contract and timeline with Vagans Legal in Ontario by calling (416) 473-8472.

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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 Vagans Legal by phone at: (416) 473-8472 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: