Haberler

The legal principles applicable to the liability of manufacturers and distributors in relation to goods sold in Québec are set out in certain specific provisions of the Civil Code of Québec, CQLR, ch. (4) For the purpose of subsection (1), “advertise” includes. (c)  the cost charged for the work or repairs does not exceed the maximum amount authorized by the consumer. (2) A lender who offers to provide or to arrange insurance required under a credit agreement shall at the same time clearly disclose to the borrower in writing that the borrower may purchase the insurance through an agent from an insurer of the borrower’s choice. 2002, c. 30, Sched. A, s. 119 (1). 2004, c. 19, s. 7 (8). A, s. 34 (2). in an amount determined in the manner prescribed by the regulations. Ontario Trial Lawyers Association Blog. E, s. 4 (2). 2002, c. 30, Sched. A, s. 61 (3). F, s. 15. (b)  parts replaced under warranty whose return to the manufacturer or distributor is required. A, s. 114 (4). The motions judge dismissed TELUS’s motion for a stay and certified the action. 12, s. 3 (3). 113 Even if, under section 11 of the Licence Appeal Tribunal Act, 1999, a party to a proceeding before the Tribunal appeals an order of the Tribunal made under section 111 or 112, the order takes effect immediately but the Tribunal may grant a stay until the disposition of the appeal. Leaving marketing materials at a consumer’s dwelling or any other place prescribed for the purpose of that subsection without attempting to contact the consumer with respect to any prescribed direct agreement. 2, s. 6. (c)  the price shown in the consumer agreement. 1997, c. 35, s. 1 (4). before its repeal are deemed to be records that are to be maintained for purposes of subsection (2). 77 No lender shall make representations or cause representations to be made with respect to a credit agreement, whether orally, in writing or in any other form, unless the representations comply with the prescribed requirements. 1, s. 2. 3, s. 2. A, s. 63 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “cost of borrowing” is repealed by the Statutes of Ontario, 1999, chapter 12, Schedule F, subsection 11 (6) and the following substituted: “cost of borrowing” means all amounts that a borrower is required to pay under or as a condition of entering into a credit agreement other than, (a) a payment or repayment of a portion of the principal under the agreement as prescribed by the regulations, and, (b) charges prescribed by the regulations; (“coût d’emprunt”). A, s. 21 (1). (2) Despite subsection (1), a borrower shall not recover from, or be entitled to set off against, an assignee of the lender an amount greater than the balance owing on the contract at the time of the assignment, and, if there have been two or more assignments, the borrower shall not recover from an assignee who no longer holds the benefit of the contract an amount that exceeds the payments made by the borrower to that assignee. (3) Despite subsection (2), an investigator shall not exercise the power under a warrant to enter a place, or part of a place, used as a dwelling, unless, (a)  the justice of the peace is informed that the warrant is being sought to authorize entry into a dwelling; and. R.S.O. (2) A person described in subsection(1) is not liable to pay the lender any amount in respect of the credit card received in the circumstances described in that subsection until the person uses the card. A, s. 18 (5). Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by the Statutes of Ontario, 1999, chapter 12, Schedule F, section 18 by adding the following Part: 32.1 This Part does not apply to a lease unless it is. (2) If the invitation does not disclose whether or not interest will accrue on the unpaid amount during the period of the deferral, the lender shall be deemed to have waived the interest that would otherwise accrue during the period. P-40.1, r. 3 (the "Regulation"). A, s. 65 (1). A, s. 105. does not apply in respect of any proceeding to which subsection (2) applies unless, after the dispute arises, the consumer agrees to submit the dispute to arbitration. PART I (ss. 1990, c. C.31, s. 40; 1997, c. 35, s. 1 (7, 8, 10, 11); 1998, c. 18, Sched. 2002, c. 30, Sched. “buyer” means a person who purchases goods for consumption or services under an executory contract or a direct sales contract as defined in section 23.1 and includes his or her agent, but does not include a person who buys in the course of carrying on business or an association of individuals, a partnership or a corporation; (“acheteur”). 2004, c. 19, s. 7 (16). A, s. 103 (1). A, s. 109 (7). (4) If notice in writing is given other than by personal service, the notice shall be deemed to be given when sent. (c)  in respect of the supply of such other goods or services as may be prescribed, the prescribed requirements are met. (“chèque du gouvernement”) 2017, c. 5, Sched. (2) The initial disclosure statement for a credit agreement for fixed credit shall disclose the prescribed information. 2002, c. 30, Sched. 1990, c. C.31, s. 1; 1998, c. 18, Sched. 2002, c. 30, Sched. (4) The Director shall not initiate sale proceedings in respect of any real property against which he or she has registered a lien under subsection (3). 1.1  Policies established under subsection (2.1). (b)  to an address of the person known by the consumer. 7. (3) A repairer shall not charge a fee for an estimate if the work or repairs in question are authorized and carried out. E, s. 4 (2); 2002, c. 17, Sched. (4) Any provision or part of a provision of a consumer agreement that contravenes this section or that fails to comply with the regulations with respect to rewards points is not enforceable, but such unenforceability shall not invalidate the remaining provisions in the consumer agreement. 2002, c. 30, Sched. 28 (1) A consumer may, without any reason, cancel a time share agreement at any time from the date of entering into the agreement until 10 days after receiving the written copy of the agreement. “open credit” means credit or a loan of money under a credit agreement, as defined in Part VII, that, (a)  anticipates multiple advances to be made as requested by the borrower in accordance with the agreement, and, (b)  does not define the total amount to be advanced to the borrower under the agreement, although it may impose a credit limit; (“crédit en blanc”), “payment” means consideration of any kind, including an initiation fee; (“paiement”), “prescribed” means prescribed by regulations made under this Act; (“prescrit”), “regulations” means regulations made under this Act; (“règlements”). “cost of borrowing” means all amounts that a borrower is required to pay under or as a condition of entering into a credit agreement and all prescribed amounts other than, (a)  a payment or repayment of a portion of the principal under the agreement as prescribed, and, (b)  prescribed charges; (“coût d’emprunt”), “credit agreement” means a consumer agreement under which a lender extends credit or lends money to a borrower and includes a supplier credit agreement and a prospective consumer agreement under which an extension of credit, loan of money or supplier credit agreement may occur in the future, but does not include an agreement under which a lender extends credit or lends money on the security of a mortgage of real property or consumer agreements of a prescribed type; (“convention de crédit”), “default charge” means a charge imposed on a borrower who does not make a payment as it comes due under a credit agreement or who does not comply with any other obligation under a credit agreement, but does not include interest on an overdue payment; (“frais de défaut”), “fixed credit” means credit or a loan of money under a credit agreement that is not for open credit; (“crédit fixe”), “floating rate” means a rate that bears a specified mathematical relationship to a public index that meets the prescribed requirements; (“taux variable”), “lender” means a supplier who is or may become a party to a credit agreement and who extends or may extend credit or lends or may lend money to the borrower and includes a credit card issuer; (“prêteur”), “optional service” means a service that is offered to a borrower in connection with a credit agreement and that the borrower does not have to accept in order to enter into the agreement; (“service facultatif”), “supplier credit agreement” means a consumer agreement, other than a consumer agreement involving leases to which Part VIII applies, under which a supplier or an associate of the supplier, extends fixed credit to a consumer to assist the consumer in obtaining goods or services, other than credit or a loan of money, from the supplier; (“convention de crédit fournisseur”). 2004, c. 19, s. 7 (7). 2014, c. 9, Sched. F, s. 14 (1, 2). A, s. 49. (2) The disclosure statement for a lease shall disclose the prescribed information. F, ss. Finding statutes – choose Ontario. A, s. 80 (2). (b) does not begin to provide the services required by the contract within 30 days of the commencement date specified in the contract or an amended commencement date agreed on in writing by the buyer and seller. (5) A borrower who makes a payment under subsection (4) is not entitled to the refund or credit described in subsection (2). 2002, c. 30, Sched. A, s. 7 (4). (8) The buyer owes the obligation described in subsection (7) to the person entitled to possession of the goods at the time in question. A representation that a service, part, replacement or repair is needed or advisable, if it is not. 101 If a consumer is required to give notice under this Act in order to obtain a remedy, a court may disregard the requirement to give the notice or any requirement relating to the notice if it is in the interest of justice to do so. 2002, c. 30, Sched. (a)  on a non-profit or co-operative basis; (b)  by a private club primarily owned by its members; (c)  as an incidental part of the goods or services that are being supplied to the consumer; (d)  by a supplier funded or run by a charitable or municipal organization or by the Province of Ontario or any of its agencies; or. (2) For the purposes of section 129 of the Courts of Justice Act, the date on which the order is filed with the court shall be deemed to be the date of the order. 2014, c. 9, Sched. 2002, c. 30, Sched. A, s. 17 (1). R.S.O. ; 1997, c. 35, s. 1; 1998, c. 15, Sched. 22. (6) An inspector conducting an inspection may. A, s. 29 (1). F, ss. Allowance for trade-in subject to adjustment. A, s. 36 (5). A, s. 103 (4). (“enquêteur”)  2006, c. 34, s. 8 (4); 2014, c. 9, Sched. (2) No action shall be brought by which to charge any person upon any arrangement for the extension of credit evidenced by a credit card unless the person to whom credit is to be extended requested or accepted the credit arrangement and card in writing, and the obtaining of credit by the person named in the credit card shall be deemed to constitute such written acceptance by the person. Note: On a day to be named by proclamation of the Lieutenant Governor, section 26 is repealed by the Statutes of Ontario, 1999, chapter 12, Schedule F, section 16 and the following substituted: 26. p-40.1 - Consumer Protection Act. 1990, c. C.31, s. 19 (3). 2002, c. 30, Sched. 2014, c. 9, Sched. 2, s. 14. (6) A consumer may commence an action against a credit card issuer to recover a payment and associated interest and other charges to which the consumer is entitled under this section. Trustee for payment for unavailable services. (“convention de multipropriété”)  2002, c. 30, Sched. (1) If the Director believes on reasonable and probable grounds that a seller or lender is making false, misleading or deceptive statements in an advertisement, circular, pamphlet or similar material, the Director may make an order for the immediate cessation of the use of that material. (b)  return to the consumer in a condition substantially similar to when they were delivered all goods delivered under a trade-in arrangement or refund to the consumer an amount equal to the trade-in allowance. 2014, c. 9, Sched. 2006, c. 34, s. 8 (2). “executory contract” means a contract between a buyer and a seller for the purchase and sale of goods or services in respect of which delivery of the goods or performance of the services or payment in full of the consideration is not made at the time the contract is entered into; (“contrat exécutoire”), “fixed credit” means credit under a credit agreement that is not for open credit; (“crédit fixe”), “floating rate” means a rate that bears a specified mathematical relationship to an index rate prescribed by the regulations; (“taux variable”), “goods” means personal property; (“marchandises”), “itinerant seller” means a seller whose business includes soliciting, negotiating or arranging for the signing by a buyer, at a place other than the seller’s permanent place of business, of an executory contract for the sale of goods or services, whether personally or by an agent or employee; (“vendeur itinérant”). “investigator” means an investigator appointed under subsection 106 (1). 3, s. 7 (1). 2002, c. 30, Sched. A, s. 102 (3). (e)  to use any investigative technique or procedure or do anything described in the warrant. (a)  the Personal Property Security Act, except Part V, applies with necessary modifications to the lien, despite clause 4 (1) (a) of that Act; (b)  the lien shall be deemed to be a security interest that has attached for the purposes of the Personal Property Security Act; and. 2002, c. 30, Sched. 1, s. 2. A, s. 96 (6). 2002, c. 30, Sched. G, s. 19 (1); 2001, c. 9, Sched. 2, s. 20 (3)). (b) set aside the order. 2002, c. 30, Sched. It also provides a way for … 11 (3), 45 (2). 3 In determining whether this Act applies to an entity or transaction, a court or other tribunal shall consider the real substance of the entity or transaction and in so doing may disregard the outward form. 2014, c. 9, Sched. (3) Despite the provision for or imposition of a penalty under this Act, any contract entered into following the holding out referred to in subsection (2) is not binding on the buyer. (7) If a consumer charges all or part of a payment described in subsection (2) to a prescribed payment system, the consumer may request that the charge be cancelled or reversed and this section applies with necessary modifications to the cancellation or reversal of such a charge. … R.S.O. … 2002, c. 30, Sched. 2002, c. 30, Sched. 2002, c. 30, Sched. See: 1999, c. 12, Sched. 3, s. 2. (a) reasonable charges in respect of legal costs that the lender incurs in collecting or attempting to collect a required payment by the borrower under the agreement; (b) reasonable charges in respect of costs, including legal costs, that the lender incurs in realizing a security interest or protecting the subject matter of a security interest after default under the agreement; or. 2002, c. 30, Sched. A, s. 90 (1); 2004, c. 19, s. 7 (34). 2002, c. 30, Sched. 2002, c. 30, Sched. Special Rules - Water Heaters, O Reg 3/15 No amending legislation available on CanLII. 2004, c. 19, s. 7 (24). (2) After a dispute that may result in a class proceeding arises, the consumer, the supplier and any other person involved in it may agree to resolve the dispute using any procedure that is available in law. (4) Except as provided in this section, the recipient of unsolicited goods or of a credit card that has not been requested or accepted in accordance with subsection (2) has no legal obligation in respect of their use or disposal. 65.5 A tow and storage provider shall post the prescribed price information and other prescribed information, which may include stickers, labels and other visual identifiers, in accordance with the prescribed requirements. 12, s. 3 (4). 2002, c. 30, Sched. 72 (1) A borrower who is required under a credit agreement to purchase insurance may purchase it from any insurer who may lawfully provide that type of insurance, except that the lender may reserve the right to disapprove, on reasonable grounds, an insurer selected by the borrower. (10.2) An inspector who establishes contact with a person under subsection (10.1) shall provide a written confirmation to the person of the inspector’s authority to conduct the inspection, whether or not there is a request under subsection (5). 2002, c. 30, Sched. 1, s. 2. 2002, c. 30, Sched. 2014, c. 9, Sched. 2004, c. 19, s. 7 (41). 3, s. 9). F, ss. A, s. 2 (5); 2010, c. 8, s. 36 (2). R.S.O. 2002, c. 30, Sched. 58 (1) No repairer shall charge for any work or repairs unless the consumer authorizes the work or repairs. 2014, c. 9, Sched. 1990, c. C.31, s. 21 (1); 1999, c. 12, Sched. (c) contains all the other information that the lender is required to disclose to the borrower in the initial disclosure statement. – Canlii – free service; electronic versions of statutes – – Let’s try it: • Go to Canlii • Go to Ontario • Go to statutes • Go to “S” for Sale of Goods • Review the statute. R.S.O. 3, s. 2. 2020, c. 14, Sched. 109 (1) If the Director believes on reasonable grounds that any person is making a false, misleading or deceptive representation in respect of any consumer transaction in an advertisement, circular, pamphlet or material published by any means, the Director may, (a)  order the person to cease making the representation; and. 122 (1) For all purposes in any proceeding, a statement purporting to be certified by the Director is, without proof of the office or signature of the Director, admissible in evidence as proof in the absence of evidence to the contrary, of the facts stated in it in relation to, (a)  the filing or non-filing of any document or material required or permitted to be filed; or. 2002, c. 30, Sched. However, the prohibition contains a number of exceptions which permit re-identification by health custodians and others. 2002, c. 30, Sched. 2004, c. 19, s. 7 (26). 3, s. 2. 23.7 If the buyer recovers an amount equal to the trade-in allowance under subsection 23.6 (2) and the title of the buyer to the goods delivered under the trade-in arrangement has not passed from the buyer, the title to the goods vests in the person entitled to the goods under the trade-in arrangement. 2002, c. 30, Sched. (ii)  information or evidence relating to the contravention of this Act or the regulations that may be obtained through the use of an investigative technique or procedure or the doing of anything described in the warrant. or another third party. 1, s. 5. (3) Every investigator who is conducting an investigation, including under section 107, shall, upon request, produce the certificate of appointment as an investigator. Consolidation Period: From December 8, 2020 to the e-Laws currency date. A, s. 119 (2). F, ss. A, s. 121 (3). 1, s. 2. 2017, c. 5, Sched. Note: On a day to be named by proclamation of the Lieutenant Governor, section 29 is repealed by the Statutes of Ontario, 1999, chapter 12, Schedule F, section 16 and the following substituted: 29. A, s. 11. (2) If the delivery date or commencement date is not specified in the future performance agreement, a consumer may cancel the agreement at any time before delivery or commencement if the supplier does not deliver or commence performance within 30 days after the date the agreement is entered into. 1990, c. C.31, s. 21 (4); 1999, c. 12, Sched. (1) If the lender under a credit agreement invites the borrower to defer making a payment that would otherwise be due under the agreement, the invitation must clearly disclose whether or not interest will accrue on the unpaid amount during the period of the deferral. A, s. 100 (3). 16 It is an unfair practice for a person to use his, her or its custody or control of a consumer’s goods to pressure the consumer into renegotiating the terms of a consumer transaction. (2) When an undertaking of voluntary compliance is accepted by the Director, the undertaking has and shall be given for all purposes of this Act the force and effect of an order made by the Director. 23.5 (1) A cancellation of a direct sales contract in accordance with this Part operates to cancel, as if they never existed, (c) all guarantees given in respect of money payable under the contract; and. (4) Any person who attempts to commit any offence referred to in subsection (1) or (2) is guilty of an offence. (2) An executory contract is not binding on the buyer unless the contract is made in accordance with this Part and the regulations and is signed by the parties, and a duplicate original copy thereof is in the possession of each of the parties thereto. 2016, c. 34, s. 2 (1). 1990, c. C.31, s. 37 (1). These required details include, among other things: The name of the consumer (customer); The name of the supplier including any name under which the supplier carries on business; The telephone number of the supplier as well as the … 2, s. 6. 2014, c. 9, Sched. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is repealed by the Statutes of Ontario, 1999, chapter 12, Schedule F, subsection 19 (2). “buyer” includes a person who hires or leases goods for consumption where, (a) the person has an option to purchase the goods, or, (b) upon compliance with agreed terms, the person will become the owner of the goods or will be entitled to keep them without further payment; (“acheteur”). A, s. 119 (3). (2) No person, other than an internet service provider, shall arrange for or otherwise facilitate advertising prohibited under subsection (1) on behalf of another person. 70 A borrower under a credit agreement is not liable to pay the lender, (a)  the cost of borrowing under a credit agreement if the borrower receives no statements required by this Part; or. 2002, c. 30, Sched. 44 Sections 45 to 47 apply to remote agreements if the consumer’s total potential payment obligation under the agreement, excluding the cost of borrowing, exceeds a prescribed amount. 13 (1), 45 (2). A, s. 32 (2). A, s. 54 (3). 119 (1) If a fine payable as a result of a conviction for an offence under this Act is in default for at least 60 days, the Director may by order create a lien against the property of the person who is liable to pay the fine. (3) If a credit broker arranges a credit agreement for a lender who does not enter into the agreement in the course of carrying on a business, the obligations that this Part imposes on the lender shall be deemed to be obligations of the credit broker and not the lender. 1 (1), 5 (2). A, s. 26 (3). “supplier creditor” means the supplier or an associate of a supplier in a supplier credit agreement. (4) Subsection 7 (1) of the Arbitration Act, 1991 (9) After holding the hearing, the Tribunal may, (a)  confirm the order with the amendments, if any, that the Tribunal considers proper to give effect to the purposes of this Act; or. “trade-in allowance” means the greater of, (a)  the price or value of the consumer’s goods or services as set out in a trade-in arrangement, and, (b)  the market value of the consumer’s goods or services when taken in trade under a trade-in arrangement; (“valeur de reprise”), “trade-in arrangement” means an arrangement under which a consumer agrees to sell his or her own goods or services to the supplier and the supplier accepts the goods or services as all or part of the consideration for supplying goods or services; (“convention de reprise”). E, s. 4 (1); 2002, c. 17, Sched. (2) If the seller extends or arranges credit for the direct sales contract, the credit contract is conditional on the direct sales contract, whether or not the credit contract is part of it or attached to it. (iii)  in respect of Part IV, Rights and Obligations Respecting Specific Consumer Agreements, subsection 30 (2), clauses 33 (a) and (b), subsections 34 (1) and (2), 36 (1), 43.1 (1) and 47.1 (1), (5) and (6), Note: On a day to be named by proclamation of the Lieutenant Governor, subclause 116 (1) (b) (iii) of the Act is amended by striking out “(5) and (6)” at the end. 2. 20. (4) For the purposes of this section, an error or omission in any form prescribed or information required to be given by this Act or the regulations shall not be deemed to be in contravention of this Act or the regulations where the person against whom the contravention is alleged proves that the error or omission was accidental or clerical or was beyond the person’s control. 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