Additional Law Topics and Updates of Interest
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Consumer Protection Law
Property Law
Condominium Law
Employment Law
Personal Property Security Act
Law, Policy & Sociology

Consumer Protection and Unacceptable Business Practices

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GENERAL OVERVIEW

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• The federal and provincial governments share jurisdiction over consumer protection and unacceptable business practices.

• It is only the federal government that has jurisdiction over criminal matters and so it can impose criminal as well as administrative sanctions against unacceptable business practices and more broadly to support consumer protections.

• It is widely accepted that competition among suppliers of goods and services keeps quality high and prices low.

• It is not surprising therefore to find that many sections of the federal Competition Act deal with prohibited restrictive trade practices (including abuse of dominant position) and deceptive marketing.

• Among the areas that can pursued criminally are pyramid sales, big rigging, conspiracy to fix process, wage-fixing, no-poach agreements, incorrect precious metal markings, and improper textile or package labelling of consumer goods.

• Provinces also have constitutional authority to address and administratively penalize those involved in deceptive representations and unfair business practices and the Sale of Goods Act implies conditions of quality and fitness for purpose

• There are also specific statutory protections for “consumers”, a term frequently defined in the in provincial statutes and which is relevant to acquiring the safeguards.

• Ontario’s Consumer Protection Act defines “consumer” as someone who “receives or has the right to receive goods or services from a supplier as a result of a purchase, lease, gift, contest or other arrangement, but does not include an individual who intends to sell the goods after receiving them.”

• Provinces provide cooling off periods for specific transactions and door-to-door sales of certain products are sometimes absolutely banned.

• Consumer complaints are encouraged (re car dealers, gym membership, travel, etc.), and these may be resolved through mediation. Consumer protection agencies may issue compliance orders or levy administrative penalties against offending businesses.

UPDATES

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FALL 2022: FOOD COSTS JUMP NEARLY 11%:

CBC reported that Members of Parliament had looked into grocery chains possibly profiting from inflationary expectations but could not find evidence of “greedflation” on the part of grocers. Nevertheless, in October of 2002, the Competition Bureau of Canada has said it would investigate the rising cost of food.

GENERAL OVERVIEW

• Vacant land, a farm, a condominium, a house, a building, an office tower: all bring us to the topic of real estate or “real property”.

• There are other forms of property – personal property and intellectual property – but that which in Quebec is seen as “immoveable” is real property in the common law jurisdictions.

• Interests in real property are not all the same. The highest or best interest one can have in real property is the fee simple absolute – the “fee”.

• The person with the fee in the real property, subject, to provincial and municipal laws, can add or demolish buildings, subdivide the land, rent out a portion of the land or building or sell a part or all of it.

• Those who do not own the fee may nevertheless have an interest or an estate in the and – a life interest or a leasehold interest in the land or structures on it.

• But a person with either a life estate or leasehold interest cannot significantly alter the land or the structures on the land without the express permission of the person holding the fee.

• Life estate and leasehold interests are time limited, while the fee is not.

• In a condominium, all of the condominium owners together own the land on which the condominium structures are built, and the unit owners acquire title and exclusive possession of a residential unit, parking unit, or locker space.

• Condominiums have common elements for the benefit of all owners and exclusive use areas for unit owners such as balconies or yards.

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UPDATES

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DIVISION OF PROPERTY AFTER SEPARATION

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In Ontario, property acquired during the marriage is likely to be divided equally when the parties separate. Parties that separate after a lengthy cohabitation may have to rely on the common law to obtain an interest in property acquired during cohabitation if both names are not on the title. This is a complex area of law and personal issues need to be addressed with the help of practicing lawyer.

GENERAL OVERVIEW

• Condominium law is part of real property law. In a condominium community, all the unit owners collectively own the land and common elements. Individuals own the unit space for permitted purposes and possibly a parking and/or storage unit.

• Individual owners may also have exclusive use of certain common areas like a balcony, terrace, or green space. In apartment-type condominiums, the entrance space, elevators, and hallways are usually commonly owned and maintained property.

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UPDATES

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OWNERS WHO BREAK CONDO RULES BEWARE

“The court’s recommendation to use legal fees as a form of penalty for compelling compliance with the rules is consistent with industry norms… .  Other recent [Condominium Authority Tribunal] cases…have similarly upheld pre-litigation legal expense chargebacks  for [lawyers’] letters sent to unit owners and tenants [breaching] the corporation’s rules.”

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Source: Canadian Condominium Institute (CCI)

CONDOMINIUM AUTHORITY “TRIBUNAL” NOW HEARS ALL NUISANCE CASES

“The Condominium Authority Tribunal’s jurisdiction is [now] expanded so that disputes between condominium corporations and unit owners relating to…any nuisance now proceed to [the Tribunal] rather than…to private mediation and arbitration”.

Source: Canadian Condominium Institute

CONDOMINIUM AUTHORITY GUIDE ON RESERVE FUNDS

Contributions to the reserve fund are mandatory. Section 94(1) of the Condominium Act requires condominium corporations to conduct periodic studies to determine whether the amount of money in the reserve fund and the contributions to the reserve fund are adequate.

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Link: Reserve Funds Guide (publuu.com)

GENERAL OVERVIEW

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• Those who do not own their business to make a living and are not independent contractors are “employees”, largely controlled by the employer as to the work they may be directed to do.

• The provinces, territories and the federal government have employment standards legislation in place to protect rights including hours of work, minimum wage, paid vacation, temporary layoffs, termination, and severance pay.

• Collective agreements negotiated by unions on behalf of their member (workers) with employers may improve upon a worker’s rights and benefits.

• Indeed, employees are entitled by legislation to form a union and bargain collectively for union members that do similar work.

• For union and non-union employees, there is independent legislation to protect occupational health and safety in the workplace, and worker’s compensation if a worker is injured on the job. In addition, human rights legislation protects against discrimination and harassment.

• The common law protects termination without cause – that is, if an employee is dismissed (but not for good reason), the employer must provide sufficient notice of termination, so the employee has time to look for work elsewhere.

• It is possible for an employer to dismiss an employee for cause where the employee’s actions make the employer-employee relationship no longer tenable.

• In sum, employees have rights protected by various pieces of legislation; by the common law (judge made law); and by unions through collective agreements negotiated and agreed to by employers.

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UPDATES

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RIGHT OF UNION WORKERS TO STRIKE

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In November of 2022, within a day or two of passing legislation (Keping Students in Class Act) which required education workers to return to work and imposed a wage settlement, the Ontario Ford Government agreed to rescind the statute as if it had never existed. In return, the CUPE Union agreed to stop its protests, withdraw its notice of strike action, and return to the bargaining table.