COMMUNITY LAW SCHOOL
(SARNIA-LAMBTON) INC.
www.communitylawschool.org
Consumer Protection Education for Rural Ontario
RESOURCE BOOK
May 2014
Copyright 2014, Community Law School (Sarnia-Lambton) Inc. 2
COMMUNITY LAW SCHOOL
(SARNIA-LAMBTON) INC.
www.communitylawschool.org
Consumer Protection Education for Rural Ontario
Resource Book
Table of Contents
1. Introduction (page 4)
2. Unfair Practices under the Consumer Protection Act (page 5)
3. Door – to – Door Sales (page 6)
4. Surviving Home Renovations under the Consumer Protection Act (page 7)
5. Fighting Telephone Trickery/Telephone Scams (page 8)
6. Telephone and Mail Agreements under the Consumer Protection Act (page 10)
7. Watch Your Step on the Internet/ Internet Scams (page 11)
8. Personal Development Services Contracts/Pre-Paid Services (page 12)
9. Cell phone Contracts (page 13)
10. Energy Re-Billers (before 1/1/11) (page 14)
11. Energy Re-Billers (after 1/1/11) (page 15)
12. Collection Agencies (page 16)
13. Consumer Reporting and Credit Repair (page 17)
14. Pay Day Loans Act (page 19)
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15. Assisting Victims of Identity Theft (page 21)
16. Private Career College Act (page 22)
17. Motor Vehicle Dealers Act (page 23)
18. Motor Vehicle Repairs (page 24)
19. Other Helpful Resources (page 26)
Copyright 2014, Community Law School (Sarnia-Lambton) Inc. 4
COMMUNITY LAW SCHOOL
(SARNIA-LAMBTON) INC.
www.communitylawschool.org
Consumer Protection Education for Rural Ontario (CPERO)
Resource Book
Introduction
We hope this Resource Book will provide frontline community advocates with the tools
they need to assist their clients with the many consumer protection challenges they face
daily. This Resource Book is best used in conjunction with the CPERO Quick Tip Sheets
(available at www.communitylawschool.org), the Your Legal Rights webinars (available at
www.yourlegalrights.on.ca), and the new Consumer Protection Series of booklets available
from Community Legal Education Ontario (CLEO), all of which cover a variety of
consumer protection topics.
The information in this Resource Book is current as of May, 2014. We recommend you
update the Book on a regular basis as information can change quickly.
This Resource Book provides information only and should not be construed as legal advice
of any kind.
Community Law School (Sarnia-Lambton) Inc.
In partnership with:
Community Legal Services (Western Law)
Pro Bono Students Canada (Western Law)
With the financial support of:
The Law Foundation of Ontario
May, 2014
Copyright 2014, Community Law School (Sarnia-Lambton) Inc. 5
Unfair Practices under the Consumer Protection Act
Ontario Ministry of Consumer Services
The Ministry of Consumer Services (MCS) provides consumers with advice and assistance.
The website covers numerous consumer protection topics. It includes informational brochures,
as well as lists of individuals and businesses against whom complaints have been filed. Different
links provide an overview of applicable laws, links to the Consumer Protection Branch of the
Ministry, and other valuable information. It is an essential source of information for advocates
working with consumer protection issues in Ontario.
Telephone: 416-326-8800 or 1-800-889-9768
Fax: 416-326-1947
Website: www.ontario.ca/mcs
Email: [email protected]
Mailing Address: Ministry of Consumer Services
Consumer Protection Branch
5775 Yonge Street, Suite 1500
Toronto, ON M7A 2E5
Small Claims Court To pursue a claim before the Small Claims Court it is important to review the Small Claims
Court information and forms at the Ministry of Attorney General website:
http://www.attorneygeneral.jus.gov.on.ca/english/courts/scc
Ontario Forms Assistant Website
The Ontario government has created this website to allow people to complete their own Small
Claims Court forms. The website provides guidance on the process and offers step-by-step
instructions for completion online. The website can be accessed at:
www.ontariocourtforms.on.ca.
Your Legal Rights Webinar: Unfair Practices under the Consumer Protection Act
This webinar, presented by Margaret Capes of Community Law School (Sarnia-Lambton) Inc.,
looks at protections under the Consumer Protection Act (CPA). It covers the impact of false,
misleading, or deceptive representations by vendors. Case studies, including those raised by
webinar attendees, illustrate how the CPA can be used to free consumers from obligations that
were improperly induced in violation of the Act. The short primer and sample case studies
supplied should be reviewed prior to watching and listening to this webinar.
To download this webinar please visit: http://yourlegalrights.on.ca/webinar/Unfair-Practices-
under-the-Consumer-Protection-Act.
Copyright 2014, Community Law School (Sarnia-Lambton) Inc. 6
Door-to-Door Sales
Ontario Ministry of Consumer Services The Ministry of Consumer Services (MCS) provides consumers with advice and assistance.
The website covers numerous consumer protection topics. It includes informational brochures,
as well as lists of individuals and businesses against whom complaints have been filed. Different
links provide an overview of applicable laws, links to the Consumer Protection Branch of the
Ministry, and other valuable information. It is an essential source of information for advocates
working with consumer protection issues in Ontario.
Telephone 416-326-8800 or 1-800-889-9768
Fax: 416-326-1947
Website: www.ontario.ca/mcs
Email: [email protected]
Mailing Address: Ministry of Consumer Services Consumer Protection Branch
5775 Yonge Street, Suite 1500
Toronto, ON M7A 2E5
Small Claims Court
To pursue a claim before the Small Claims Court it is important to review the Small Claims
Court information and forms at the Ministry of Attorney General website:
http://www.attorneygeneral.jus.gov.on.ca/english/courts/scc
Ontario Forms Assistant Website
The Ontario government has created this website to allow people to complete their own Small
Claims Court forms. The website provides guidance on the process and offers step-by-step
instructions for completion online. The website can be accessed at:
www.ontariocourtforms.on.ca.
Your Legal Rights Webinar: Door-to-Door Sales
This webinar, presented by Margaret Capes of Community Law School (Sarnia-Lambton) Inc.,
looks at one of the most commonly-encountered areas of unfair business practices: door-to-door
sales. In this webinar, we learn how to recognize unfair business practices and to identify the
remedies available to a consumer who is faced with such practices in the context of door-to-door
sales. We look at common sales tactics and a consumer's rights with regard to door-to-door sales,
including the requirements for valid contracts, required disclosures, and cancellation rights.
Finally, we learn about the important protections that the Ontario Consumer Protection Act,
2002, contains for consumers in these situations and how to exercise those rights.
To access the webinar please visit: http://yourlegalrights.on.ca/webinar/door-door-sales.
Copyright 2014, Community Law School (Sarnia-Lambton) Inc. 7
Surviving Home Renovations with the Consumer Protection Act
Ontario Ministry of Consumer Services The Ministry of Consumer Services (MCS) provides consumers with advice and assistance.
The website covers numerous consumer protection topics. It includes informational brochures,
as well as lists of individuals and businesses against whom complaints have been filed. Different
links provide an overview of applicable laws, links to the Consumer Protection Branch of the
Ministry, and other valuable information. It is an essential source of information for advocates
working with consumer protection issues in Ontario.
Telephone 416-326-8800 or 1-800-889-9768
Fax: 416-326-1947
Website: www.ontario.ca/mcs
Email: [email protected]
Mailing Address: Ministry of Consumer Services Consumer Protection Branch
5775 Yonge Street, Suite 1500
Toronto, ON M7A 2E5
Small Claims Court
To pursue a claim before the Small Claims Court it is important to review the Small Claims
Court information and forms at the Ministry of Attorney General website:
http://www.attorneygeneral.jus.gov.on.ca/english/courts/scc
Ontario Forms Assistant Website
The Ontario government has created this website to allow people to complete their own Small
Claims Court forms. The website provides guidance on the process and offers step-by-step
instructions for completion online. The website can be accessed at:
www.ontariocourtforms.on.ca.
Your Legal Rights Webinar: Surviving Home Renovations with the Consumer Protection
Act
This webinar, presented by Margaret Capes of Community Law School (Sarnia-Lambton) Inc.,
looks at the rights of the consumer who is renovating a house, and how the Consumer Protection
Act and the Construction Lien Act protect the owner when contracting for renovations, lawn care,
paving services, roofing repairs, etc. For the owner or client with a renovation in progress, the
webinar offers tips for dealing with contractors and subcontractors. It also looks at how to deal
with substandard work or contractors who disappear with a client's or contractor's money.
To access the webinar please visit: http://yourlegalrights.on.ca/webinar/Surviving-Home-
Renovations-with-the-Consumer-Protection-Act.
Copyright 2014, Community Law School (Sarnia-Lambton) Inc. 8
Fighting Telephone Trickery/Telephone Scams
Ontario Ministry of Consumer Services The Ministry of Consumer Services (MCS) provides consumers with advice and assistance.
The website covers numerous consumer protection topics. It includes informational brochures,
as well as lists of individuals and businesses against whom complaints have been filed. Different
links provide an overview of applicable laws, links to the Consumer Protection Branch of the
Ministry, and other valuable information. It is an essential source of information for advocates
working with consumer protection issues in Ontario.
Telephone 416-326-8800 or 1-800-889-9768
Fax: 416-326-1947
Website: www.ontario.ca/mcs
Email: [email protected]
Mailing Address: Ministry of Consumer Services Consumer Protection Branch
5775 Yonge Street, Suite 1500
Toronto, ON M7A 2E5
Small Claims Court
To pursue a claim before the Small Claims Court it is important to review the Small Claims
Court information and forms at the Ministry of Attorney General website:
http://www.attorneygeneral.jus.gov.on.ca/english/courts/scc
Ontario Forms Assistant Website
The Ontario government has created this website to allow people to complete their own Small
Claims Court forms. The website provides guidance on the process and offers step-by-step
instructions for completion online. The website can be accessed at:
www.ontariocourtforms.on.ca.
Competition Bureau
The Competition Bureau, is an independent law enforcement agency that ensures Canadian
businesses and consumers prosper in a competitive and innovative marketplace.
The website can be accessed at: www.competitionbureau.gc.ca. The online home of the federal
Competition Bureau, this website provides information and links covering many topics related to
the prevention of consumer fraud and prosecution of those who perpetrate fraudulent practices
on consumers. The site includes news releases about the latest consumer scams and frauds that
consumers need to know about and protect themselves from.
Telephone: 819-997-4282
Toll-free: 1-800-348-5358 (Canada)
Toll-free TTY: 1-800-642-3844 (for hearing-impaired only)
Fax: 819-997-0324
Mailing Address only: 50 Victoria Street
Gatineau, Quebec K1A 0C9
Copyright 2014, Community Law School (Sarnia-Lambton) Inc. 9
The Canadian Radio and Telecommunications Commission (CRTC) The CRTC manages the National Do Not Call List (DNCL) and enforces the Unsolicited
Telecommunications Rules. The CRTC’s website contains information on how to protect
oneself from scams, what to do if victimized by a scam and information on the most current
scams.
Mailing Address: Ottawa, ON
K1A 0N2
Toll-free: 1-877-249-2782
Website: http://www.crtc.gc.ca/eng/home-accueil.htm
The Canadian Anti-Fraud Call Centre (formerly Phonebusters)
The website can be accessed at www.phonebusters.com. It is a joint effort of the OPP and the
RCMP to address and eliminate telephone and internet fraud. It is devoted to educating
consumers about scams and prosecuting those behind them. The website contains valuable
information about all types of fraud, and links to help consumers to recognize and report it.
Toll Free (Canada and U.S.A.): 1.888.495.8501
Overseas and Local: 1.705.495.8501
Toll Free Fax: 1.888.654.9426
E-mail: [email protected]
Mailing Address: P.O. Box 686
North Bay, Ontario P1B 8J8
National Do Not Call List
The National Do Not Call List (DNCL) is a list of telephone numbers of consumers who want to
reduce the number of telemarketing calls they receive. Organizations that make telemarketing
calls are not allowed to call phone numbers registered on the National DNCL.
The website can be accessed at: https://www.lnnte-dncl.gc.ca. Consumers can register on the
National Do Not Call list at this website, as well as access information about the DNC List and
file complaints about violations of the DNC List.
Telephone: 1-866-580-DNCL (3625)
Fax: 1-888-DNCL-Fax (362-5329)
TTY device: 1-888-DNCL-TTY (362-5889)
Important Note: To use the National DNCL service line you must call from the number you wish
to register.
Mailing Address: The National Do Not Call List
c/o CRTC
Ottawa, Ontario
K1A 0N2
Attention: Do Not Call List
Copyright 2014, Community Law School (Sarnia-Lambton) Inc. 10
Your Legal Rights Webinar: Fighting Telephone Trickery Using Consumer Protection
Laws
This webinar, presented by Margaret Capes of Community Law School (Sarnia-Lambton) Inc.,
looks at telephone scams and other consumer problems with phones. It reviews the role of the
Competition Bureau, the Ministry of Consumer Services, the Canadian Radio-television and
Telecommunications Commission (CRTC), and the Canadian Anti Fraud Centre in combating
telephone trickery. Examples of recent versions of these scams will be reviewed so attendees will
have an idea of what to watch for in their everyday lives.
To access the webinar please visit: http://yourlegalrights.on.ca/webinar/Fighting-Telephone-
Trickery-Using-Consumer-Protection-Laws.
Telephone and Mail Agreements under the Consumer Protection Act
Ontario Ministry of Consumer Services The Ministry of Consumer Services (MCS) provides consumers with advice and assistance.
The website covers numerous consumer protection topics. It includes informational brochures,
as well as lists of individuals and businesses against whom complaints have been filed. Different
links provide an overview of applicable laws, links to the Consumer Protection Branch of the
Ministry, and other valuable information. It is an essential source of information for advocates
working with consumer protection issues in Ontario.
Telephone: 416-326-8800 or 1-800-889-9768
Fax: 416-326-1947
Website: www.ontario.ca/mcs
Email: [email protected]
Mailing Address: Ministry of Consumer Services Consumer Protection Branch
5775 Yonge Street, Suite 1500
Toronto, ON M7A 2E5
Small Claims Court
To pursue a claim before the Small Claims Court it is important to review the Small Claims
Court information and forms at the Ministry of Attorney General website:
http://www.attorneygeneral.jus.gov.on.ca/english/courts/scc
Ontario Forms Assistant Website
The Ontario government has created this website to allow people to complete their own Small
Claims Court forms. The website provides guidance on the process and offers step-by-step
instructions for completion online. The website can be accessed at:
www.ontariocourtforms.on.ca.
Copyright 2014, Community Law School (Sarnia-Lambton) Inc. 11
Your Legal Rights Webinar: Telephone and Mail Agreements
This webinar, presented by Margaret Capes of Community Law School (Sarnia-Lambton) Inc.,
looks at telephone and mail agreements: what must be included in the agreement, what the seller
or vendor cannot do, and where to turn if the agreement is not fulfilled.
To access this webinar please visit: http://yourlegalrights.on.ca/webinar/telephone-and-mail-
agreements.
Watch Your Step on the Internet!/Internet Scams
Ontario Ministry of Consumer Services The Ministry of Consumer Services (MCS) provides consumers with advice and assistance.
The website covers numerous consumer protection topics. It includes informational brochures,
as well as lists of individuals and businesses against whom complaints have been filed. Different
links provide an overview of applicable laws, links to the Consumer Protection Branch of the
Ministry, and other valuable information. It is an essential source of information for advocates
working with consumer protection issues in Ontario.
Telephone 416-326-8800 or 1-800-889-9768
Fax: 416-326-1947
Website: www.ontario.ca/mcs
Email: [email protected]
Mailing Address: Ministry of Consumer Services Consumer Protection Branch
5775 Yonge Street, Suite 1500
Toronto, ON M7A 2E5
The Canadian Anti-Fraud Call Centre (formerly Phonebusters)
The website can be accessed at www.phonebusters.com. It is a joint effort of the OPP and the
RCMP to address and eliminate telephone and internet fraud. It is devoted to educating
consumers about scams and prosecuting those behind them. The website contains valuable
information about all types of fraud, and links to help consumers to recognize and report it.
Toll Free (Canada and U.S.A.): 1.888.495.8501
Overseas and Local: 1.705.495.8501
Toll Free Fax: 1.888.654.9426
E-mail: [email protected]
Mailing Address: P.O. Box 686
North Bay, Ontario P1B 8J8
Small Claims Court
To pursue a claim before the Small Claims Court it is important to review the Small Claims
Court information and forms at the Ministry of Attorney General website:
http://www.attorneygeneral.jus.gov.on.ca/english/courts/scc.
Copyright 2014, Community Law School (Sarnia-Lambton) Inc. 12
Ontario Forms Assistant Website
The Ontario government has created this website to allow people to complete their own Small
Claims Court forms. The website provides guidance on the process and offers step-by-step
instructions for completion online. The website can be accessed at:
www.ontariocourtforms.on.ca.
Your Legal Rights Webinar: Watch Your Step on the Internet!
This webinar, presented by Margaret Capes of Community Law School (Sarnia-Lambton) Inc.,
looks at common scams such as phishing, advance fee frauds, prize and lottery scams, the
grandparent scam, and cheque overpayment scams. The webinar reviews the risks of purchasing
goods or services online. It covers plans of action to counter scamming activity involving reports
to police, banks, credit card companies, the Canadian Anti Fraud Centre, and the Ministry of
Consumer Services. Finally, it discusses how to launch a civil claim in Small Claims or Superior
Court including the pros and cons of taking such a step against "hard to trace" perpetrators.
To access the webinar please visit: http://yourlegalrights.on.ca/webinar/watch-your-step-internet.
Personal Development Services Contracts/Pre-Paid Services
Ontario Ministry of Consumer Services The Ministry of Consumer Services (MCS) provides consumers with advice and assistance.
The website covers numerous consumer protection topics. It includes informational brochures,
as well as lists of individuals and businesses against whom complaints have been filed. Different
links provide an overview of applicable laws, links to the Consumer Protection Branch of the
Ministry, and other valuable information. It is an essential source of information for advocates
working with consumer protection issues in Ontario.
Telephone: 416-326-8800 or 1-800-889-9768
Fax: 416-326-1947
Website: www.ontario.ca/mcs
Email: [email protected]
Mailing Address: Ministry of Consumer Services Consumer Protection Branch
5775 Yonge Street, Suite 1500
Toronto, ON M7A 2E5
Small Claims Court
To pursue a claim before the Small Claims Court it is important to review the Small Claims
Court information and forms at the Ministry of Attorney General website:
http://www.attorneygeneral.jus.gov.on.ca/english/courts/scc
Copyright 2014, Community Law School (Sarnia-Lambton) Inc. 13
Ontario Forms Assistant Website
The Ontario government has created this website to allow people to complete their own Small
Claims Court forms. The website provides guidance on the process and offers step-by-step
instructions for completion online. The website can be accessed at:
www.ontariocourtforms.on.ca.
Your Legal Rights Webinar: Pre-Paid Services
This webinar, presented by Margaret Capes of Community Law School (Sarnia-Lambton) Inc.,
looks at the sometimes shadowy world of prepaid services. Fitness club memberships, dance
lessons, and tae kwon do classes are all examples of prepaid personal development service
agreements covered under the Consumer Protection Act, 2002. Many consumer goods and
services require prepayment, and most businesses are honest. However, consumers can find they
have a problem when they have prepaid and the business fails to provide the service they
expected, or doesn't provide any service at all. We look at issues such as cooling-off periods,
prepayment of fees, renewals, and warranties. Finally, we learn about the important protections
that the Act contains for consumers with regard to prepaid service agreements and how to
exercise those rights.
To access the webinar please visit: http://yourlegalrights.on.ca/webinar/Pre-Paid-Services.
Cell Phone Contracts
Ontario Ministry of Consumer Services
The Ministry of Consumer Services (MCS) provides consumers with advice and assistance.
The website covers numerous consumer protection topics. It includes informational brochures,
as well as lists of individuals and businesses against whom complaints have been filed. Different
links provide an overview of applicable laws, links to the Consumer Protection Branch of the
Ministry, and other valuable information. It is an essential source of information for advocates
working with consumer protection issues in Ontario.
Telephone 416-326-8800 or 1-800-889-9768
Fax: 416-326-1947
Website: www.ontario.ca/mcs
Email: [email protected]
Mailing Address: Ministry of Consumer Services
Consumer Protection Branch
5775 Yonge Street, Suite 1500
Toronto, ON M7A 2E5
Small Claims Court
To pursue a claim before the Small Claims Court it is important to review the Small Claims
Court information and forms at the Ministry of Attorney General website:
http://www.attorneygeneral.jus.gov.on.ca/english/courts/scc
Copyright 2014, Community Law School (Sarnia-Lambton) Inc. 14
Ontario Forms Assistant Website
The Ontario government has created this website to allow people to complete their own Small
Claims Court forms. The website provides guidance on the process and offers step-by-step
instructions for completion online. The website can be accessed at:
www.ontariocourtforms.on.ca.
Commissioner for Complaints for Telecommunications Services
The Commissioner’s office deals with complaints regarding its member telecommunication
companies. Its services are free for consumers and can help resolve issues regarding contract
compliance, billing, and service delivery.
Website: www.ccts-cprst.ca
Toll-free: 1-888-221-1687
TTY: 1-877-782-2384
Email: [email protected]
Fax: 1-877-782-2924
Mailing address: P.O. Box 81088
Ottawa, ON K1P 1B1
Your Legal Rights Webinar: Cell Phone Contracts
This webinar, presented by Margaret Capes, Legal Education Coordinator of Community Law
School (Sarnia-Lambton) Inc., looks at cell phone contracts, legislation and agencies that govern
the cell phone industry, the rights of consumers and remedies available to them when they find
their service contract untenable, and how and where to complain about an unresponsive service
provider.
To access the webinar please visit: http://yourlegalrights.on.ca/webinar/Cell-Phone-Contracts.
Energy Re-billers Pre-1/11/11
Ontario Energy Board.
In Ontario, the activities of energy re-billers are regulated by the Ontario Energy Board. The
Board can investigate complaints from consumers and mediate settlements between the parties.
The Board can be reached at: www.ontarioenergyboard.ca.
The consumer can file a complaint with the Ontario Energy Board. The Board can review the
case and determine whether the re-biller has followed all of the proper steps under the law. If
not, the Board can mediate an agreement between the parties to settle the case.
Office hours: Monday to Friday, 8:30 a.m. to 5:00 p.m. (Eastern Time).
Telephone: 1-877-632-2727 (toll-free within Ontario)
Telephone: 416-440-7656 (within GTA or outside Canada)
Address: Ontario Energy Board
Copyright 2014, Community Law School (Sarnia-Lambton) Inc. 15
P.O. Box 2319
2300 Yonge Street, 27th Floor
Toronto, Ontario M4P 1E4
Small Claims Court The consumer can sue civilly in Small Claims Court and request an Order that the contract was
entered into using misrepresentations and false information. If successful, the consumer may
request monetary damages.
To pursue a claim before the Small Claims Court it is important to review the Small Claims
Court information and forms at the Ministry of Attorney General website:
http://www.attorneygeneral.jus.gov.on.ca/english/courts/scc
Ontario Forms Assistant Website
The Ontario government has created this website to allow people to complete their own Small
Claims Court forms. The website provides guidance on the process and offers step-by-step
instructions for completion online. The website can be accessed at:
www.ontariocourtforms.on.ca.
Your Legal Rights: Energy Re-billing
Many private energy companies go door-to-door trying to get residents to sign contracts for their
services. These companies may lead consumers to believe that by signing a multi-year contract,
they will save money on their heat and hydro bills. However, in some cases, it actually costs a lot
more money to lock into a contract and can be difficult to get out of. This webinar, presented by
Margaret Capes of Community Law School (Sarnia-Lambton) Inc., looks at how the general
protections of the Consumer Protection Act, 2002 apply to energy marketers, or re-billers are
they are more formally called. In addition, the Ontario Energy Board Act specifically governs
energy re-billing, identifying unfair marketing practices and providing additional protections for
consumers.
To access the webinar please visit: http://yourlegalrights.on.ca/webinar/Energy-Re-billing.
Energy Re-billers Post-1/11/11
Ontario Energy Board.
In Ontario, since January 1, 2011, the activities of energy re-billers are solely regulated by the
Ontario Energy Board. The Board can investigate complaints from consumers and mediate
settlements between the parties. The Board can be reached at: www.ontarioenergyboard.ca. The
consumer can file a complaint with the Ontario Energy Board. The Board can review the case
and determine whether the re-biller has followed all of the proper steps under the law. If not, the
Board can mediate an agreement between the parties to settle the case.
Telephone: 1-877-632-2727 (toll-free within Ontario)
Telephone: 416-440-7656 (within GTA or outside Canada)
Copyright 2014, Community Law School (Sarnia-Lambton) Inc. 16
Address: Ontario Energy Board
P.O. Box 2319
2300 Yonge Street, 27th Floor
Toronto, Ontario M4P 1E4
Small Claims Court
The consumer can sue civilly in Small Claims Court and request an Order that the contract was
entered into using misrepresentations and false information. If successful, the consumer may
request monetary damages.
To pursue a claim before the Small Claims Court it is important to review the Small Claims
Court information and forms at the Ministry of Attorney General website:
http://www.attorneygeneral.jus.gov.on.ca/english/courts/scc
Ontario Forms Assistant Website
The Ontario government has created this website to allow people to complete their own Small
Claims Court forms. The website provides guidance on the process and offers step-by-step
instructions for completion online. The website can be accessed at:
www.ontariocourtforms.on.ca.
Your Legal Rights: Re-billers and the Energy Consumer Protection Act 2010
This webinar is presented by Margaret Capes, Legal Education Coordinator of Community Law
School (Sarnia-Lambton) Inc. It revisits an area of concern for consumers: energy re-billing.
With the passage of the Energy Consumer Protection Act, 2010 (ECPA), consumers have
enhanced protections with regard to energy re-billers, their marketing practices, and re-billing
contracts entered into after January 1, 2011. The webinar presents information to help consumers
recognize the need for caution if contacted by an energy re-biller, and to be better informed
about their rights if they find themselves trapped in an unfavourable re-billing contract.
To access this webinar please visit: http://yourlegalrights.on.ca/webinar/Re-billers-and-the-
Energy-Consumer-Protection-Act-2010.
Collection Agencies
Ontario Association of Credit Counselling Services (OACCS)
The website can be accessed at: www.oaccs.com. The OACCS is a registered charitable
organization that acts as an umbrella organization for nonprofit credit counselling agencies. Its
website contains valuable information about personal financial issues, from how to recognize the
signs of money problems, to plans and resources to help individuals deal with overwhelming
debt loads. Consumers can also obtain contact information for a counselling centre in their
geographic area.
Telephone: (905) 945-5644
Toll Free: 1-888-746-3328
Copyright 2014, Community Law School (Sarnia-Lambton) Inc. 17
By Mail: P.O. Box 189
Grimsby, ON L3M 4G3
Ontario Ministry of Consumer Services
The Ministry of Consumer Services (MCS) provides consumers with advice and assistance.
The website covers numerous consumer protection topics. It includes informational brochures,
as well as lists of individuals and businesses against whom complaints have been filed. Different
links provide an overview of applicable laws, links to the Consumer Protection Branch of the
Ministry, and other valuable information. It is an essential source of information for advocates
working with consumer protection issues in Ontario.
Telephone: 416-326-8800 or 1-800-889-9768
Fax: 416-326-1947
Website: www.ontario.ca/mcs
Email: [email protected]
Mailing Address: Ministry of Consumer Services
Consumer Protection Branch
5775 Yonge Street, Suite 1500
Toronto, ON M7A 2E5
Your Legal Rights Webinar: Collection Agencies
This webinar, presented by Margaret Capes of Community Law School (Sarnia-Lambton) Inc.,
discusses the protections for consumers that come under the Ontario Collection Agencies Act. It
also describes the best way to deal with collection agencies and what consumers can do if a
collection agency violates the Act.
To access this webinar please visit: http://yourlegalrights.on.ca/webinar/Collection-Agencies.
Consumer Reporting and Credit Repair
Ontario Association of Credit Counselling Services (OACCS)
The website can be accessed at: www.oaccs.com. The OACCS is a registered charitable
organization that acts as an umbrella organization for nonprofit credit counselling agencies. Its
website contains valuable information about personal financial issues, from how to recognize the
signs of money problems, to plans and resources to help individuals deal with overwhelming
debt loads. Consumers can also obtain contact information for a counselling centre in their
geographic area.
Telephone: (905) 945-5644
Toll Free: 1-888-746-3328
By Mail: P.O. Box 189
Grimsby, ON L3M 4G3
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Obtaining a Credit Report
The Consumer Reporting Act requires that a consumer reporting agency provide a consumer with
a free copy of his or her credit report if the consumer requests a copy. There are two main credit
reporting agencies in Canada: Equifax and TransUnion. If a consumer disputes the accuracy of
any information in his or her file, the reporting agency must confirm the information, correct it if
necessary, or delete it if it is inaccurate.
Equifax
To request a free credit report, download the request form at,
http://www.equifax.com/ecm/canada/EFXCreditReportRequestForm.pdf.
Mailing Address: National Consumer Relations
P. O. Box 190, Station Jean-Talon
Montreal, Quebec H1S 2Z2
Fax: (514)355-8502
TransUnion
To request a free credit report, download the request form at,
http://www.transunion.ca/docs/personal/Consumer_Disclosure_Request_Form_en.pdf.
Mailing Address: Consumer Relations Centre
PO Box 338 LCD1
Hamilton, Ontario L8L 7W2
Fax: (905)527-0401
Ontario Ministry of Consumer Services The Ministry of Consumer Services (MCS) provides consumers with advice and assistance.
The website covers numerous consumer protection topics. It includes informational brochures,
as well as lists of individuals and businesses against whom complaints have been filed. Different
links provide an overview of applicable laws, links to the Consumer Protection Branch of the
Ministry, and other valuable information. It is an essential source of information for advocates
working with consumer protection issues in Ontario.
Telephone: 416-326-8800 or 1-800-889-9768
Fax: 416-326-1947
Website: www.ontario.ca/mcs
Email: [email protected]
Mailing Address: Ministry of Consumer Services Consumer Protection Branch
5775 Yonge Street, Suite 1500
Toronto, ON M7A 2E5
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Small Claims Court Consumers may also file private civil lawsuits to seek redress from agencies that violate their
credit reporting rights.
To pursue a claim before the Small Claims Court it is important to review the Small Claims
Court information and forms at the Ministry of Attorney General website:
http://www.attorneygeneral.jus.gov.on.ca/english/courts/scc
Ontario Forms Assistant Website
The Ontario government has created this website to allow people to complete their own Small
Claims Court forms. The website provides guidance on the process and offers step-by-step
instructions for completion online. The website can be accessed at:
www.ontariocourtforms.on.ca.
Your Legal Rights: Consumer Reporting and Credit Reporting
This webinar, presented by Margaret Capes, Legal Education Coordinator of Community Law
School (Sarnia-Lambton) Inc., looks at one of the largest sources of complaints to the Ministry
of Consumer Services: consumer (credit) reporting agencies. In this webinar we will learn about
reporting agencies, credit files, credit reports, and how to correct inaccuracies in credit files. We
will also look at credit repair agencies and at what they can and cannot do to "fix" a consumer's
credit record. Finally, we will learn about the protections afforded to consumers under the
Ontario Consumer Reporting Act and Ontario's Consumer Protection Act, 2002.
To access the webinar please visit: http://yourlegalrights.on.ca/webinar/Consumer-Reporting-
and-Credit-Reporting.
Pay Day Loans Act
Registrar, Payday Loans Act, 2008
A consumer can make a complaint to the PDLA Registrar who has broad investigatory powers;
who may mediate between the parties; and who may issue written warning, refuse to renew
lender’s license, or order fines.
A consumer may also request the Ministry of Consumer Services to prosecute under the PDLA
which can result in a fine or imprisonment.
Mailing Address: Registrar, Payday Loans Act, 2008
Consumer Protection Branch
5775 Yonge Street, Suite 1500
Toronto, ON M7A 2E5
Telephone: (416)326-6203
Toll-free: 1(800)889-9768
Fax: (416)326-8810
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Ontario Ministry of Consumer Services The Ministry of Consumer Services (MCS) provides consumers with advice and assistance.
The website covers numerous consumer protection topics. It includes informational brochures,
as well as lists of individuals and businesses against whom complaints have been filed. Different
links provide an overview of applicable laws, links to the Consumer Protection Branch of the
Ministry, and other valuable information. It is an essential source of information for advocates
working with consumer protection issues in Ontario.
Telephone: 416-326-8800 or 1-800-889-9768
Fax: 416-326-1947
Website: www.ontario.ca/mcs
Email: [email protected]
Mailing Address: Ministry of Consumer Services Consumer Protection Branch
5775 Yonge Street, Suite 1500
Toronto, ON M7A 2E5
Small Claims Court
To pursue a claim before the Small Claims Court it is important to review the Small Claims
Court information and forms at the Ministry of Attorney General website:
http://www.attorneygeneral.jus.gov.on.ca/english/courts/scc
Ontario Forms Assistant Website
The Ontario government has created this website to allow people to complete their own Small
Claims Court forms. The website provides guidance on the process and offers step-by-step
instructions for completion online. The website can be accessed at:
www.ontariocourtforms.on.ca.
Your Legal Rights Webinar: Pay Day Loans Act This webinar is presented by Margaret Capes of Community Law School (Sarnia-Lambton) Inc.
Many Ontarians rely on pay day loan companies to tide them over between pay cheques. For a
fee, these businesses will provide a cash advance in exchange for a promise to repay the loan
once the pay cheque is due. The Pay Day Loans Act protects borrowers from high fees, and
requires cooling off periods, written contracts, and clear advertising regarding the rights and
responsibilities of both lenders and borrowers. This webinar focuses on consumers' rights under
the Pay Day Loans Act and ways to enforce them through the courts and the Ministry of
Consumer Services.
To access this webinar please visit: http://yourlegalrights.on.ca/webinar/Pay-Day-Loans-Act.
Copyright 2014, Community Law School (Sarnia-Lambton) Inc. 21
Assisting Victims of Identity Theft
The Canadian Anti-Fraud Call Centre (formerly Phonebusters)
The website can be accessed at www.phonebusters.com. It is a joint effort of the OPP and the
RCMP to address and eliminate telephone and internet fraud. It is devoted to educating
consumers about scams and prosecuting those behind them. The website contains valuable
information about all types of fraud, and links to help consumers to recognize and report it.
Toll Free (Canada and U.S.A.): 1.888.495.8501
Overseas and Local: 1.705.495.8501
Toll Free Fax: 1.888.654.9426
E-mail: [email protected]
Mailing Address: P.O. Box 686
North Bay, Ontario P1B 8J8
Competition Bureau
The Competition Bureau, is an independent law enforcement agency, that ensures Canadian
businesses and consumers prosper in a competitive and innovative marketplace.
The website can be accessed at: www.competitionbureau.gc.ca. The online home of the federal
Competition Bureau, this website provides information and links covering many topics related to
the prevention of consumer fraud and prosecution of those who perpetrate fraudulent practices
on consumers. The site includes news releases about the latest consumer scams and frauds that
consumers need to know about and protect themselves from.
Telephone: 819-997-4282
Toll-free: 1-800-348-5358 (Canada)
Toll-free TTY: 1-800-642-3844 (for hearing-impaired only)
Fax: 819-997-0324
Mailing Address only: 50 Victoria Street
Gatineau, Quebec K1A 0C9
Ontario Ministry of Consumer Services
The Ministry of Consumer Services (MCS) provides consumers with advice and assistance.
The website covers numerous consumer protection topics. It includes informational brochures,
as well as lists of individuals and businesses against whom complaints have been filed. Different
links provide an overview of applicable laws, links to the Consumer Protection Branch of the
Ministry, and other valuable information. It is an essential source of information for advocates
working with consumer protection issues in Ontario.
Telephone 416-326-8800 or 1-800-889-9768
Fax: 416-326-1947
Website: www.ontario.ca/mcs; Email: [email protected]
Mailing Address: Ministry of Consumer Services Consumer Protection Branch
5775 Yonge Street, Suite 1500
Toronto, ON M7A 2E5
Copyright 2014, Community Law School (Sarnia-Lambton) Inc. 22
Your Legal Rights Webinar: Identity Theft: An Overview (Part 1 of 2)
Presented by Dan Chometa from Consolidated Credit Counseling Services of Canada, this
webinar gives an overview of identity theft, including how it happens, how to prevent it, what
the signs are that show you may be a victim, and what to do about it. To access this webinar, please visit: http://yourlegalrights.on.ca/webinar/Identity-Theft-An-Overview.
Your Legal Rights Webinar: “Assisting Victims of Identity Theft” (Part 2 of 2)
This webinar reviews strategies and remedies for community workers who assist victims of
identity theft. It is presented by Margaret Capes of Community Law School (Sarnia-Lambton)
Inc., Dan Chometa of Consolidated Credit Counseling Services of Canada Inc., and Elaine Magil
of WoodGreen Community Services. Those who are not already familiar with how identity theft
happens, how to prevent it, and what the signs of identity theft are, should first watch and listen
to Identity Theft: An Overview.
To access the webinar please visit: http://yourlegalrights.on.ca/webinar/assisting-victims-
identity-theft.
Private Career Colleges Act
Ministry of Training, Colleges, and Universities
The website can be accessed at: www.tcu.gov.on.ca, click on “Find a School” and then on
“Private Career Colleges” for information about private career colleges in Ontario, protections
for students, and licensing information for private career colleges.
General Inquiry: 416-326-1600
Toll Free: 800-387-5514 (Outside 416 Area Code)
Fax: (416) 325-6348
Address: Ministry of Training, Colleges and Universities
Public Inquiries Unit
2nd Floor, 880 Bay Street
Toronto ON M7A 1N3
Private Career College Search Service
There is an online search service, that can be used to find registered private career colleges and
approved programs in Ontario. The Private Career College Search Service can be found at,
http://www.ontario.ca/en/services_for_residents/053263.
Small Claims Court
To pursue a claim before the Small Claims Court it is important to review the Small Claims
Court information and forms at the Ministry of Attorney General website:
http://www.attorneygeneral.jus.gov.on.ca/english/courts/scc
Copyright 2014, Community Law School (Sarnia-Lambton) Inc. 23
You may also contact the Attorney General for assistance via telephone toll free: 1-800-518-
7901, or via Teletypewriter (TTY) toll free: 1-877-425-0575.
Ontario Forms Assistant Website
The Ontario government has created this website to allow people to complete their own Small
Claims Court forms. The website provides guidance on the process and offers step-by-step
instructions for completion online. The website can be accessed at:
www.ontariocourtforms.on.ca.
Your Legal Rights Webinar: Private Career Colleges Act
This webinar is presented by Margaret Capes of Community Law School (Sarnia-Lambton) Inc.
Many Ontarians are returning to private career colleges to upgrade their skills in a demanding
job market. While there are many well-regarded private colleges, a small number do not meet the
educational requirements set by the Ministry of Training, Colleges and Universities. The Private
Career Colleges Act provides students with rights such written contracts, cooling off periods,
proper instruction/facilities, and a complaint procedure. It allows for refunds when these rights
are violated. This webinar looks at the many ways students and their advocates can protect
themselves under the Private Career Colleges Act.
To access the webinar please visit: http://yourlegalrights.on.ca/webinar/Private-Career-Colleges-
Act.
Motor Vehicle Dealers Act
Ontario Motor Vehicle Industry Council (OMVIC)
OMVIC administers the Motor Vehicle Dealers Act, 2002 on behalf of the Ministry of Consumer
Services, and among other services, offers a complaint process for consumers seeking redress
from a motor vehicle dealer related to a sale or lease transaction. Consumers can also find a list
or registered dealers on the OMVIC website.
Consumers can complain to OMVIC by filing a Complaints Process Acknowledgement Form ,
and including the following documentation: the Purchase Agreement and/or Bill of Sale for the
vehicle; and any repair estimates.
Telephone: 416-226-4500
Fax: 416-226-3208
Toll-Free: 1-800-943-6002
Website: www.omvic.on.ca.
The Motor Vehicle Dealers Compensation Fund
This is a consumer protection program financed by Ontario's registered motor vehicle dealers.
The fund was established to compensate consumers who suffer a financial loss arising from a
transaction with a registered dealer. Claims are submitted to the Fund's Board of Trustees and
must be reviewed for eligibility.
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Claims to the Fund must meet specific criteria and can be made within two years of a dealer's
inability or refusal to reimburse the customer. More information can be found by contacting
OMVIC (see information above). The website can be accessed directly at
http://www.omvic.on.ca/portal/Consumers/CompensationFund.aspx.
Small Claims Court To pursue a claim before the Small Claims Court it is important to review the Small Claims
Court information and forms at the Ministry of Attorney General website:
http://www.attorneygeneral.jus.gov.on.ca/english/courts/scc
Ontario Forms Assistant Website
The Ontario government has created this website to allow people to complete their own Small
Claims Court forms. The website provides guidance on the process and offers step-by-step
instructions for completion online. The website can be accessed at:
www.ontariocourtforms.on.ca.
Your Legal Rights Webinar: Motor Vehicle Dealers Act
This webinar is presented by Margaret Capes of Community Law School (Sarnia-Lambton) Inc.
The Motor Vehicle Dealers Act, 2002, requires all dealers to be registered with the Ontario
Motor Vehicle Industry Council and subject to a code of ethics. There are also mandatory
disclosure requirements relating to the vehicle's history, a 90-day cooling off period for key non-
disclosures, and all-inclusive pricing required in all advertising. With this strengthened law, the
Ontario government hopes to curtail the activities of "curbsiders," unregistered dealers who sell
vehicles with altered odometers, undisclosed flood and crash damage, as well as previous use as
a taxi or police cruiser. This webinar gives an overview of the new law using case studies to
illustrate the strength of these new consumer protections.
To access the webinar please visit: http://yourlegalrights.on.ca/webinar/Motor-Vehicle-Dealers-
Act.
Motor Vehicle Repairs
Ontario Ministry of Consumer Services
The Ministry of Consumer Services also provides consumers with advice and assistance.
The website covers numerous consumer protection topics. It includes informational brochures,
as well as lists of individuals and businesses against whom complaints have been filed. Different
links provide an overview of applicable laws, links to the Consumer Protection Branch of the
Ministry, and other valuable information. It is an essential source of information for advocates
working with consumer protection issues in Ontario.
Telephone: 416-326-8800 or 1-800-889-9768
Fax: 416-326-1947
Website: www.ontario.ca/mcs
Copyright 2014, Community Law School (Sarnia-Lambton) Inc. 25
Email: [email protected]
Mailing Address: Ministry of Consumer Services
Consumer Protection Branch
5775 Yonge Street, Suite 1500
Toronto, ON M7A 2E5
Small Claims Court To pursue a claim before the Small Claims Court it is important to review the Small Claims
Court information and forms at the Ministry of Attorney General website:
http://www.attorneygeneral.jus.gov.on.ca/english/courts/scc
Ontario Forms Assistant Website
The Ontario government has created this website to allow people to complete their own Small
Claims Court forms. The website provides guidance on the process and offers step-by-step
instructions for completion online. The website can be accessed at:
www.ontariocourtforms.on.ca.
Your Legal Rights Webinar: Motor Vehicle Repairs
This webinar, presented by Margaret Capes of Community Law School (Sarnia-Lambton) Inc.,
focuses on the bane of many an automobile owner: motor vehicle repairs. While there are many
reputable repair facilities, not all repair shops adhere to the consumer disclosures and protections
mandated by the Ontario Consumer Protection Act, 2002. We will look at issues such as repair
estimates, rate disclosures, warranties, and invoicing for repairs. We will review consumer
remedies and dos-and-don'ts when faced with an unsatisfactory repair job or unexpected repair
bill. Finally, we will learn about the important protections that the Act contains for consumers
with regard to motor vehicle repairs and how to exercise those rights.
To access the webinar please visit: http://yourlegalrights.on.ca/webinar/Motor-Vehicle-Repairs.
Copyright 2014, Community Law School (Sarnia-Lambton) Inc. 26
Other Helpful Resources
Ontario Association of Credit Counselling Services (OACCS)
The website can be accessed at: www.oaccs.com. The OACCS is a registered charitable
organization that acts as an umbrella organization for nonprofit credit counselling agencies. Its
website contains valuable information about personal financial issues, from how to recognize the
signs of money problems, to plans and resources to help individuals deal with overwhelming
debt loads. Consumers can also obtain contact information for a counselling centre in their
geographic area.
Telephone: (905) 945-5644
Toll Free: 1-888-746-3328
By Mail: P.O. Box 189
Grimsby, ON L3M 4G3
Members of Provincial Parliament
Members of Provincial Parliament can sometimes be helpful with matters governed by the
provincial consumer protection laws. The website provides addresses, phone numbers and other
contact information for your local Member of the Provincial Parliament of Ontario.
The website can be accessed at www.ontario.ca (click on “MPPs” under “Contacts”).
Telephone: 416-325-7500
TTY: 416-325-9426
Fax: 416-325-7489
Community Law School (Sarnia-Lambton) Inc. website at: www.communitylawschool.org
(click on Bulletin Board). The Community Law School provides training to community
advocates who assist persons with consumer protection concerns. It maintains a Bulletin Board
on its website as a place for community advocates to post questions, advocacy techniques and
tips, and other relevant information.
Law Society Referral Service (Ontario). In Ontario, the Law Society of Upper Canada
provides a service for people looking for a lawyer. It is called the Law Society Referral Service
and can be reached at 1-800-268-8326. The caller will be given the name of a lawyer or
paralegal who practices in the area of law concerned. If the caller calls or meets with that
lawyer, the first 30 minutes of the consultation are free of charge. For more information on the
Law Society Referral Service, please visit their website at:
http://www.lsuc.on.ca/faq.aspx?id=2147486372.
Justice Net
This not-for-profit service assists people whose income is too high to qualify for legal aid
coverage but not sufficient to afford standard legal fees. Legal professionals involved in this
service provide assistance at reduced rates to qualifying clients.
Website: www.justicenet.ca.
Telephone: 1-866-919-3219.
Copyright 2014, Community Law School (Sarnia-Lambton) Inc. 27
Community Legal Education Ontario (CLEO)/Your Legal Rights
CLEO is a community legal clinic that specializes in public legal education. It is funded by
Legal Aid Ontario and the Department of Justice, and is staffed by lawyers, editors and support
staff. Its website contains a wealth of information on a variety of topics of interest to low
income persons and their advocates. It sponsors the Your Legal Rights website, which acts as a
clearinghouse for information on many legal topics, at www.yourlegalrights.on.ca. In addition,
brochures on a wide variety of consumer protection topics can be requested from CLEO, who
will send the brochures at no cost to you.
Website: www.cleo.on.ca.
Mailing address: 119 Spadina Avenue, Suite 600
Toronto, Ontario M5V 2L1
Telephone: 416-408-4420
Fax: 416-408-4424
E-mail: [email protected]