Proposed changes to consumer protection in Ontario re buying tickets for events/travel, buying property

If passed, Bill 166,  Strengthening Protection for Ontario Consumers Act, 2017 will regulate the purchase of tickets for events in Ontario and make changes to existing regulation addressing travel services and the purchase and sale of real estate: Ticket Sales Act This Act proposes to:  prohibit the use and sale of ticket-buying software (i.e. ticket bots) and … Continue reading Proposed changes to consumer protection in Ontario re buying tickets for events/travel, buying property

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New Retail Payments System Framework for Payment Service Providers

On July 7, 2017, the Department of Finance released a consultation paper, “A New Retail Payments Oversight Framework”, proposing a new federal oversight framework for retail payments in Canada. Technological advancement and innovation have evolved retail payment services in Canada, introducing non-traditional payment service providers (“PSPs”), including financial technology companies, which are not subject to … Continue reading New Retail Payments System Framework for Payment Service Providers

Proposed ban on expiry of reward points gaining traction across Canada

Prince Edward Island is the latest province to introduce legislation prohibiting the expiry of reward points. Bill No. 105, Reward Points Protection Act, a private member's bill, prohibits the expiry of reward points due to the passage of time alone, subject to certain exceptions (Bill No. 105 permits the expiry of reward points for other reasons, … Continue reading Proposed ban on expiry of reward points gaining traction across Canada

Notice to Lenders: Consequences of non-compliance with cost of credit disclosure requirements

The decision in Lexfund Inc. v. Ferro illustrates the importance of complying with the cost of credit disclosure requirements of the Consumer Protection Act (Ontario) (the “Act”). In this case, the lender was found to have “flagrantly” breached the Act for failure to provide its borrowers with the disclosure statements required under the Act. Background … Continue reading Notice to Lenders: Consequences of non-compliance with cost of credit disclosure requirements

Prepaid payment card class action certified in Ontario

The Ontario Superior Court of Justice has certified a class action against Peoples Trust Company, a federal trust company incorporated under the Trust and Loan Companies Act, and Peoples Card Services LLP. The class alleges that the defendants breached the Consumer Protection Act (Ontario) (the "Act") and the gift card regulation in O. Reg. 17/05 … Continue reading Prepaid payment card class action certified in Ontario

Ontario regulations re: prohibition of expiry of reward points

The Ontario government has launched a consultation, to obtain public commentary on proposed regulatory amendments to the Consumer Protection Act (the "CPA") to implement the prohibition on the expiry of reward points due to the passage of time alone. It is expected that once the reward points amendments come into force, they will govern a wide range … Continue reading Ontario regulations re: prohibition of expiry of reward points

Ontario regulations re: prohibition of expiry of reward points

The Ontario government has launched a consultation, to obtain public commentary on proposed regulatory amendments to the Consumer Protection Act (the "CPA") to implement the prohibition on the expiry of reward points due to the passage of time alone. It is expected that once the reward points amendments come into force, they will govern a wide … Continue reading Ontario regulations re: prohibition of expiry of reward points

For the fans: Ontario reviewing online buying and selling of event tickets

The Ministry of the Attorney General announced today that it is reviewing rules for buying and selling event tickets (e.g. sports, music, or theatre) online. We live in a day and age where most of these types of purchases are made by consumers online. Tickets sell out fast, resulting in the resale of tickets at … Continue reading For the fans: Ontario reviewing online buying and selling of event tickets

Québec proposal to regulate loyalty reward programs

Following Ontario's Bill 47, Protecting Rewards Points Act (which received Royal Assent on December 8, 2016), the Coalition Avenir Québec’s justice critic will table a bill this week to make it illegal for loyalty reward points to expire in Québec. It is anticipated that the bill may also prohibit businesses from reducing the value of … Continue reading Québec proposal to regulate loyalty reward programs

Occupier’s waiver of liability invalidated under the Consumer Protection Act

In Schnarr v. Blue Mountain Resorts Limited, the Ontario Superior Court of Justice determined a novel legal issue  addressing the intersection of the Consumer Protection Act (Ontario) (the "CPA") and the Occupiers' Liability Act (Ontario) (the "OLA") as to the protections afforded to consumers under the CPA and to suppliers under the OLA and how these Acts relate to waivers of liability for … Continue reading Occupier’s waiver of liability invalidated under the Consumer Protection Act