As a consumer, you might have experienced problems like a delay in the delivery of a mattress, a defective vacuum cleaner, repairs or work poorly done, misinformation given by a seller, a contract with missing information… and the list goes on!
What can you do to solve your problems and enforce your rights in these kinds of situations?
As a consumer, you have rights and options when you deal with merchants (like a professional selling you a cellphone in a store) or persons that are not merchants (like a person selling you a used couch on Marketplace).
Options that meet your needs
You have several options to resolve a problem with a merchant.
To find a solution to your problem, you must start by identifying your needs. Do you want to use the product normally, to stop the inconvenience or to receive financial compensation? You may have one or more of these needs, and the good news is that you can request several solutions from the merchant to meet them all.
This table presents options to help resolve your problem, based on your needs.
You want to use the product normally |
|
Problem |
Solutions you can request |
| The product you bought from a merchant stopped working properly too soon or didn’t work properly during the time it was covered by your conventional warranty. | Repair the product. |
| Replace the product. | |
You want to stop the inconvenience |
|
Problem |
Solutions you can request |
|
The merchant does not respect the law or your contract.
For example:
|
Respect the law and your contract. |
| Reduce the price of the good or service. | |
| In certain cases, cancel your contract without penalty. | |
You want to receive financial compensation |
|
Problem |
Solutions you can request |
|
You suffer damages because the merchant doesn’t respect the law or your contract.
For example:
|
Pay you damages to compensate the inconvenience you suffered. |
| In some cases, pay you punitive damages to discourage this conduct. | |
Exercising your rights, step by step
You have several tools to help you defend your rights when you experience a problem with a merchant. Keep in mind that you might be able to resolve the problem with the merchant without having to go to court.
To resolve a problem with a merchant, follow these steps:
- Tell the merchant about the problem as soon as possible. You can send them a written notice explaining the problem and presenting the solutions you have in mind.
- Make sure that you are protected by the Consumer Protection Act. This way, you’ll be able to determine what your options are to fix the problem.
- Try to fix the problem directly with the merchant. Tell them about your needs and suggestions for solutions. Be open and listen! The merchant also has needs and may have ideas for solutions to share with you.
- Learn about the process to negotiate with a merchant suggested by Office de la protection du consommateur (consumer protection bureau or “OPC”).
- Use the free tool Parle consommation (available in French only) to negotiate online with the merchant.
- You can file a complaint against the merchant with the Office de la protection du consommateur (OPC).
- You can send a demand letter to the merchant to give them a last chance to resolve the problem.
- You can take the merchant to court. The amount you are claiming will determine before which court you must file your claim:
- Less than $15,000: the Small Claims Court.
- Between $15,000 and $75,000: the Civil Division of the Court of Québec.
- Between $75,000 and $100,000: the Civil Division of the Court of Québec or the Superior Court.
- $100,000 and more: the Superior Court.
|
Did you know? In general, you have three years to take the merchant to court. This delay is called “prescription”. |
Contact the manufacturer, supplier or distributor
It is sometimes possible to contact or take action against the manufacturer, supplier or distributor directly. Here are some examples:
- the product is defective,
- the product is dangerous,
- you didn’t receive any warning about the risk or danger of using the product,
- you bought an extra warranty offered by the manufacturer or supplier.
Check if you are in one of these situations by contacting the Office de la protection du consommateur (OPC), a lawyer or an organization that helps consumers.
Resources to help you
Some organizations that help consumers can answer your questions and help you resolve a problem with a merchant.
Topic
Useful resources
General resources
Energy (electricity)
Régie de l’énergie (French only)
Telecommunications
Vehicles
Banks, Financial Products and Investments
Financial Consumer Agency of Canada
Ombudsman for Banking Services and Investment
Autorité des marchés financiers (supervises financial markets and products)
Insurance
Chambre de l’assurance de dommages (oversees professionals working in the field of damage insurance)