Consumer Protection Act – Toronto – Brampton – Mississauga
Consumer Protection Act Lawyers
Consumer Protection Act Lawyers
The Consumer Protection Act protects consumers with regards to their rights concerning purchase and sale of products, as well as consumer agreements.
The Consumer Protection Act also contains obligations for businesses of specific industries such as: tow and storage services, repair of motor vehicles and other goods, leasing companies, credit agreements, and more. Additionally, all businesses who engage with consumers must adhere to the Act in relation to warranties, unfair practices, and specific rights and obligations in consumer agreements.
At Scardicchio Law Office Professional Corporation, our Civil Litigation Lawyers represent business or individuals involved in Consumer Protection cases in the Superior Court of Justice for Ontario or the Small Claims Court, depending on the amounts involved. Our Civil Litigation Lawyers practice Consumer Protection Act litigation cases in: Mississauga, Brampton, Milton, Toronto, Newmarket, Vaughan, Orangeville, Oakville, Burlington, Bradford, Hamilton, Barrie, Oshawa, Kitchener and across Southwestern Ontario.
In certain circumstances, businesses engaged in consumer agreements or sales and services to consumers may be charged criminally. This is a quasi-criminal area of law, where the Ministry of Consumer Protection prosecutes businesses who fail to comply with the rules and regulations set out by the Consumer Protection Act. Penalties in a quasi-criminal setting may include heavy fines as well as prohibition of the business, and even the individuals responsible for the business to be restricted from continuing to operate their business in Ontario.
Our civil litigation lawyers have extensive experience in dealing with Consumer Protection Act cases. Civil litigation refers to the court process which may be pursued in order to fight contractual disputes and other disputes.
The Ontario Superior Court of Justice hears cases where claims are above $35,000.
In Small Claims court in Ontario, however, there has been an increase to hear most matters in dispute of up to $35,000.
Pursuing a Consumer Protection Act case before a Judge can be risky. Our team of experienced Civil Litigation Lawyers have assisted individuals and small businesses pursue their cases involving consumer agreements in the Ontario Superior Court of Justice, or in the Small Claims court depending on the amount of damages being sought. Whether you are a business or an individual starting a legal action, or defending a legal action, our Civil Lawyers will handle your civil claim to get you the resolution you desire.
Contact our Civil Litigation Lawyers for your free consultation and speak to a Lawyer today.
What is the Consumer Protection Act?
The Consumer Protection Act, 2002 (CPA) applies to most Ontario businesses (not just dealers) and it covers both goods and services, including vehicle sales, leasing and repairs.
It applies to consumer transactions if either the consumer or the supplier is in Ontario. If an Ontario-based business has sales with a consumer in another jurisdiction, that consumer is protected under the CPA.
Areas of Civil Litigation we provide services for:
Homeowners and Contactor Disputes
Service Provider Disputes
Consumer Protection Act Claims
Debtors’ rights and obligation, and remedies
Contractual disputes/Breach of contract
Real Estate and Mortgage litigation
Fraud and misrepresentation actions
Landlord and Tenant Board
Smalls Claims Court
Contractual, Partnership and Shareholder Disputes
Unpaid Invoices/Debt collection and recovery
Damage to property
Non-payment for bulk sales or delivered goods
Negotiation and mediation of matters
Superior Court of Justice
CIVIL CLAIMS LEGAL SERVICES
- Civil litigation
- Civil trials
- Civil motions and civil applications
- Claim discovery and cross examination
- Contractual litigation
- Commercial litigation including shareholder disputes
- Construction and general liens
- Commercial property disputes
- Real estate and mortgage litigation – commercial and residential
- Insurance litigation
- Superior Court of Justice cases
- Small claim cases
Ontario proposes a new Consumer Protection Act
On February 6, 2023, the Ministry of Public and Business Service Delivery (Ministry) issued a consultation paper, “Modernizing Consumer Protection in Ontario,” seeking public feedback on significant changes to the Consumer Protection Act, 2002 (Ontario) (the Act), proposing a new and modern Act.
“Justice denied anywhere diminishes justice everywhere.”
– Martin Luther King Jr.
Civil Litigation Lawyers
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Our team of dedicated Civil Litigation Lawyers represent your Consumer Protection Act cases, and we will work to get you the results you deserve. Contact us today for a free telepone consultation to discuss your case.
What is a Mareva Injunction
A Mareva injunction is an extreme remedy granted in exceptional circumstances to freeze a defendant’s assets before judgment. The Plaintiff must do each of the following:
1) make full and frank disclosure of all material matters;
2) give full particulars of the claim against the defendant and highlight potential defenses;
3) show that the defendant has assets in the jurisdiction;
4) show that there is a real risk of the assets being removed out of the jurisdiction, or disposed of before trial and that the plaintiff will be unable to satisfy a potential judgment; and
5) give an undertaking as to damages.
What is an Anton Piller Order?
The jurisdiction to issue a private search warrant rests with the Ontario Superior Court. An Anton Piller order essentially authorizes a private party to insist on entrance to the premises of the party it believes has defrauded them in order to seize and preserve evidence which will assist in furthering its claim.
In order to apply for an Anton Piller Order, a Plaintiff must show 4 elements: 1) a strong prima facie case; 2) damage to the plaintiff of the defendant’s alleged misconduct, potential or actual, and must be very serious; 3) convincing evidence that defendant possesses incriminating documents or things; and 4) a real prospect that the defendant may destroy the material before discovery.
What is a Norwich Order?
A Norwich order compels a third party to provide the applicant with information where the applicant believes they have been wronged and needs the third party’s assistance in order to determine the circumstances of the wrongdoing which will assist the applicant to pursue its legal remedies. This type of order is also known as a tracing order.
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