Canada

Consumer Rights

Refunds, warranties, debt collection, online shopping, credit card chargebacks

25 questions

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Contracts & Terms

(6)
Can a company force me to resolve disputes through arbitration instead of going to court?
A company cannot always force you into arbitration — Canadian courts may strike down unfair arbitration clauses, especially in standard-form contracts where the clause is unconscionable or undermines statutory rights like those under the Competition Act.
Is a forum selection clause in an online service's terms of use enforceable against me as a Canadian consumer?
A forum selection clause in an online service’s terms of use is not automatically enforceable against a Canadian consumer; courts will assess whether there is 'strong cause' to displace it, especially considering inequality of bargaining power and the nature of consumer rights.
If a class action waiver in my phone contract prevents me from joining a class action, is that enforceable?
In Canada, class action waivers in consumer contracts — like phone plans — are often unenforceable, especially when they conflict with provincial consumer protection laws or prevent access to justice.
Can a company limit its liability for defective products through a clause in the sales contract?
No — in Canada, a company generally cannot limit its liability for defective products through a contract clause if the defect breaches an essential obligation, violates statutory implied warranties, or constitutes a fundamental breach.
What makes a standard-form contract term unconscionable under Canadian law?
A standard-form contract term is unconscionable in Canada if it is both procedurally unfair (e.g., no meaningful opportunity to negotiate or understand the term) and substantively unfair (e.g., grossly one-sided or oppressive), as confirmed by the Supreme Court in Uber v. Heller.
Are online terms of use clickwrap agreements enforceable as binding contracts?
Yes, online clickwrap agreements can be enforceable in Canada if users have reasonable notice of the terms and manifest clear assent — but courts closely scrutinize them in consumer contexts, especially forum selection or arbitration clauses.