Consumer Protection Act – Toronto – Brampton – Mississauga
Civil Lawyers
Consumer Protection Act Lawyers
Consumer Protection Act Lawyers
At Scardicchio Law Office Professional Corporation, our Civil Litigation Lawyers represent business or individuals involved in Consumer Protection Act 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-Waterloo-Guelph, and across Southwestern Ontario.
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.
Quasi-Criminal
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.
For more information about your rights under the Consumer Protection Act, visit the Ontario Government website here.
Contact our Civil Litigation Lawyers for your free consultation and speak to a Lawyer today.
“Justice denied anywhere diminishes justice everywhere.”
– Martin Luther King Jr.
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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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