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Dispute Resolution
Need for Dispute Resolution
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The many unique and complex relationships
that exist among Canadians inevitably
produce conflicts and disputes that need to
be resolved.
There are many different types of disputes.
Some common types
that many people have
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to deal with are:
1. Consumer protection
2. Landlord and tenant agreements
3. Employment law
Consumer Protection
• Consumer protection laws in Canada
(introduced in the late 1960s) are in place to
– ensure that consumers are given accurate and correct
information.
– protect consumers from products that are unreliable,
hazardous, or dangerous.
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– regulate activities around the sale of goods.
• There are federal and provincial laws that are
meant to protect consumers from being
exploited or taken advantage of.
Federal Laws
• A series of federal laws in place to protect
consumers are reflected in the Competition Act.
• This includes the establishment of the
Competition Bureau—a federal agency that
oversees competitive markets and protects
consumers.
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• The Competition Bureau can investigate and
prosecute those who violate federal legislation
and exploit consumers.
• Specific areas of focus include conspiracy,
misleading advertising, and protecting personal
information.
Conspiracy
• A conspiracy aimed at reducing competition
and consumer choice violates federal law.
• Price fixing occurs when multiple competitors
agree to set prices at a certain level, which
guarantees them profits while taking away real
choice from the consumer. This is also known as
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a cartel.
• A cartel may also market share, in which the
participants split a market geographically to limit
competitors.
• If a cartel reaches a secret agreement to fix
prices, split markets, or for some other purpose
that reduces consumer choice, they are guilty of
bid rigging.
Misleading Advertising
• Businesses and advertisers are allowed to
promote or advertise their products and
services.
• The nature and content of their advertisements
must be honest and cannot mislead or deceive
potential consumers.
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• If a seller knowingly or recklessly misleads a
consumer, the seller can be charged under the
Competition Act and may have to pay
compensation to the consumer.
Protecting Personal Information
• Each year, more and more personal
information enters cyberspace as Canadians
become increasingly adept at conducting
financial transactions over the Internet.
• The Personal Information Protection and
Electronic Documents
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aims to protect the personal information of
consumers.
• It includes all businesses, banks, airlines, and
telecommunications companies.
What is Personal Information?
• Personal information includes:
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name
age
height
weight
financial records 90
medical records
employee and student files
any personal ID numbers
Provincial Laws
• In addition to federal laws, each province and
territory has its own version of a consumer
protection act.
• Each province also has its equivalent of the
federal Consumer Protection Bureau.
• Some of the areas90
that are commonly covered
by provincial legislation include:
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door-to-door sales
loan scams
credit reporting
disclosure of credit costs
Door-to-Door Sales
• Sellers who look for consumers on a door-todoor basis must register with a provincial
Consumer Protection Bureau.
• Many people are caught off guard and feel
pressured into buying products from door-todoor salespeople who
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• As a result, there is a mandatory cooling-off
period, established by law, during which a buyer
may cancel a contract made with a door-to-door
salesperson without giving a reason.
Loan Scams & Credit
• Over the past several years, there have been
numerous cases of loan scams in all parts of
Canada (e.g. guaranteeing loans to people with
bad credit while charging advance fees)
• In many loan scams, the actual loan is not
secured and often not provided.
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• Each Canadian adult has a credit rating, which
affects his or her ability to obtain credit, including
loans, credit cards, and mortgages.
• The law requires any business that offers the
sale of goods on credit to fully disclose the cost
of obtaining that credit (e.g. interest rates,
administrative fees).
Landlord & Tenant Law
• A landlord is a property owner who allows
another party, the tenant, to occupy or use his
or her property in return for a payment.
• Each province has its own laws that govern the
relationship between landlords and tenants.
• A contract between90a landlord and tenant for the
rental of a property is called a lease.
• The landlord is also known as the lessor and
the tenant is the lessee.
Tenancy Agreements
• Standard tenancy agreements include:
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Name and address of the landlord
Name and address of the tenant
Period of possession of the rented property
Statement that the tenant is granted exclusive
possession of the rented property
– Specific address of90the property that is rented
– Amount of rent to be paid and when it will be paid
– Any services and utilities included in the rent
• A fixed-term tenancy rents the property for a
specific time with an expiration date.
• A periodic tenancy rents the property for a
regular period of time and is renewed at the end
of each period.
Responsibilities
Landlords must…
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make sure the rental unit is reasonably safe.
provide the tenant with a receipt if rent is paid in cash.
complete repairs and keep the unit in good condition.
pay any bills that are included in the rent (utilities).
investigate complaints
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abide by any tenancy agreement or legislation.
Tenants must…
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pay the rent on time.
keep the unit clean.
repair any damage they cause.
make sure not to disturb or endanger others.
abide by any tenancy agreement or legislation.
Terminating a Tenancy
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There are several ways to terminate a
tenancy:
1. Subletting: A tenant assigns the tenancy to a third party.
The tenant maintains the rights of the lease.
2. Mutual agreement: Landlord and tenant agree to end
the lease early.
3. Surrendering the
90lease: A tenant expresses the desire to
leave the property, or surrender the lease. The tenant is
still responsible for the remainder of the lease unless
the landlord agrees to release him or her from it.
4. Assignment: A tenant transfers the rights of the lease to
a third party.
5. Termination Notice: Commonly referred to as eviction
notices, a writ of possession allows a landlord to
repossess a rental property and evict the tenants.
Employment Law
• Each employer-employee relationship is based
on contract law, whether it is explicit or implicit.
• In Canada, terms of any employment are
covered by:
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Human rights laws
Employment standards
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Labour laws
Common laws as they relate to employment contracts
• Many employees are represented by unions—
organizations that represent and negotiate for
employees of a particular business.
Human Rights
• The most common human rights concern in
labour law is protecting against discrimination.
• Prohibited grounds for discrimination in the
workplace include (but are not limited to):
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age
sexual orientation 90
sex or gender
religion or creed
race or skin colour
political beliefs
ethnic origin
mental or physical disability
Employment Standards
• Each province has basic protections in place for
employees. Some protections are general, while
others are geared toward specific occupations.
• In each province, there is a minimum wage and
rules regarding work hours.
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• All full-time employees
must also be allowed to
take statutory holidays off, such as Victoria
Day or Canada Day.
• Every employee in Canada is usually entitled to
some vacation each year (the minimum for fulltime employees is usually 2 weeks in a year) as
well as vacation pay.
Termination & Dismissal
• There are rules regarding quitting and being
fired from a job.
• If an employee wants to quit or resign, it is
standard to provide the employer with one or two
weeks’ notice, depending on how long the
employee worked there.
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• If an employer wants
to fire an employee who
has passed an initial probationary period, the
employer must provide advance notice, unless
the employee is being fired for a just cause.
(e.g. stealing from the employer).
• An employee who feels that he or she should not
have been fired can file a wrongful dismissal
lawsuit.
Health and Safety
• Each province has its own version of an
Occupational Health and Safety Act, which aims
to reduce the number of injuries that occur on
the job.
• Generally, employees have the right to refuse
work they believe is
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a risky job (e.g. firefighters).
• Employers are also obligated to provide WHMIS
training so their employees can recognize
potentially dangerous materials.
• WHMIS stands for Workplace Hazardous
Materials Information System.
Workers’ Compensation
• A workers’ compensation fund is a scheme
that exists in each province that pays benefits to
employees who are injured on the job or are
suffering from health problems they obtained in
the workplace.
• Employers pay into90this fund as a type of no-fault
insurance. If one of their employees suffers an
injury, the employee can apply for compensation
to the fund and the employer can avoid paying
personally.
Unions
• Over the years, many unions have been
established and continue to exist in Canada.
• One of the main responsibilities of unions is to
negotiate collective agreements for the
employees they represent.
• A collective agreement is a contract that results
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from collective bargaining
between a union
and an employer.
• For a union to be considered official, it must be
certified with a labour relations board.
• The ultimate weapon unions have is the ability to
strike—a partial or complete withdrawal of
services to further their contract demands.
Independent Contractors
and Self-Employment
• Employers are increasingly moving away from hiring
traditional employees, and toward hiring independent
contractors, or self-employed workers.
• An independent contractor provides services to clients, but
is not an employee of a company.
• The fact that these people are not employees has
implications on tax law,90tort law, and labour law:
– Businesses do not pay independent contractors’ Canada
Pension Plan, employment insurance, or benefits.
– Businesses are not liable for injuries a contractor suffers on
the job.
• Independent contractors work for themselves, own their
own tools, and act as their own bosses.
• The number of self-employed people in Canada has risen
greatly as the economy changes and businesses try to
keep costs to a minimum.