Canada

Can I get compensation if a company makes a false or misleading advertisement about its product?

s. 52
Prohibited conduct
s. 36
Right to sue
$1M+
Max criminal fine
5 years
Jail term possible
The Short Answer

Yes, you may be able to sue for compensation if a company’s false or misleading advertisement caused you financial loss — under section 36 of the Competition Act.

What the Law Says

Canada’s Competition Act makes it illegal for businesses to mislead consumers — and gives harmed individuals a right to seek compensation.

Section 52 of the Competition Act prohibits anyone from making false or misleading representations to the public 'knowingly or recklessly' to promote a business interest. This includes ads, labels, websites, social media posts, and packaging.

Section 36 creates a private right of action: if you suffer loss or damage because of conduct that violates section 52 (or other criminal provisions of the Act), you may sue the company and recover damages — including full compensation for your losses.

Statutory Text

No person shall, knowingly or recklessly, make a representation to the public that is false or misleading in a material respect.

Competition Act, s. 52 — False or misleading representations
Statutory Text

Any person who has suffered loss or damage as a result of conduct contrary to the criminal provisions of this Act may sue for and recover damages.

Competition Act, s. 36 — Recovery of damages

What Courts Have Said

The Supreme Court of Canada has clarified how courts assess whether an ad is misleading — focusing on the general impression it gives to ordinary consumers.

Richard v. Time Inc.
Supreme Court of Canada · 2012

The Court held that a representation must be assessed based on its 'general impression' — not just its literal truth — and that ordinary consumers’ reasonable interpretation matters most. It confirmed that misleading practices under consumer protection laws (like those aligned with s. 52) support claims for both compensatory and punitive damages where appropriate.

What to Do

1

Keep records: Save the ad (screenshot, link, photo), receipt, and any proof of purchase or reliance (e.g., emails, notes).

2

Document your loss: Show how the false claim caused measurable harm (e.g., overpayment, wasted time, product failure).

3

Consult a lawyer: Section 36 claims are civil lawsuits — they require evidence and legal strategy; class actions are common for widespread misleading ads.

4

Consider reporting: File a complaint with the Competition Bureau (they investigate criminal breaches of s. 52, but don’t award compensation).

Sources

Same Question, Other Jurisdictions

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.