This publication was authored by Luc Thibaudeau, former partner of Lavery and now judge in the Civil Division of the Court of Québec, District of Longueuil.
Consumer law and the Consumer Protection Act (the “CPA”) are aimed first and foremost at economic activities in the retail sales sector. Spending in this sector represents more than 65% of spending in the province. Consumer law is also an area of the law that the courts are frequently called upon to analyze and, in many instances, the dispute arises in the context of a class action. Many people feel that the class action is an appropriate procedural vehicle for dealing with certain provisions of the CPA, such as those concerning prohibited commercial practices.
In recent months, several judgments concerning this area have been rendered and they shed some light, which is always welcome, on certain obligations imposed on merchants by the CPA. The subjects dealt with in these judgments are topical and involve products and services currently offered by many merchants.