Consumer Protection:

Question: How can a paralegal help me if a business in Ontario makes an unfair or misleading consumer transaction claim?

Answer: A paralegal at Theresa Forrest, Paralegal can review your purchase and contract terms, spot issues under Ontario’s Consumer Protection Act, 2002 and related consumer rules, help you document misleading or unfair practices, and explain your options for refunds, repairs, credits, or dispute resolution.  If you’re dealing with pricing, product performance, or “buyer beware” arguments from a company, Theresa Forrest, Paralegal can also help you assess implied warranty-type concerns and the next best steps based on your situation.  Call (519) 902-4223 to get guidance in Ontario.

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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: