After money has changed hands, here in Ontario at least, it is a violation of the consumer Protection Act to withhold the goods and renegotiate the price and a company is legally liable up to $250,000 for each infraction in punitive damages.
If they take your money and don't have the item, they have to refund you or provide a like product at the same or discounted price, cannot be more than 10% more than the listed price or it violates another subsection of the law for price estimates. Or they're back into the above and $250,000 in punitive damages.
If they don't take your money, they're open for a suit for advertising the product and not providing it at the listed price. At this point it is merely on the judges discretion, and doesn't fall under the CPA. However, considering every product was capped at $50 and no one noticed, they would really be up shit creek without a paddle. It's a gross mistake and they made no attempt to reconcile the error (you know by shutting down the site) until 6am because they made no effort to check their pricing accuracy.
Like I said, they'd be open to a $1.6m lawsuit + the cost of legal fees and considering they obviously made no effort to check their prices, I don't see how they would have a defence. This isn't one little item that slipped through the net, it's the whole fucking store including the vinyl floor tiles!
There's no guarantee they would have to pay, it would be entirely up to a judge, but considering they obviously have no practices or policies in place to ensure these things are caught means they'd have no defence in court saying 'it was a mistake' because it wasn't, it was a complete lack of a price accuracy policy.
Are you a Canadian lawyer? The alleged laws you describe are quite far from the practice in other common law countries, but are quite similar to the misconceptions non-lawyers have about the law in most other common law countries, so I'm skeptical.
>After money has changed hands, here in Ontario at least, it is a violation of the consumer Protection Act to withhold the goods and renegotiate the price and a company is legally liable up to $250,000 for each infraction in punitive damages.
You're absolutely wrong.
There is a strong protection here in Ontario against liability for technical errors, and it has come into effect multiple times (always with entitled people thinking they won the lottery writing angry letters to the editor decrying their grievous injury). So long as they reverse any charges, neither party is out anything and no one has any entitlement to the result of a mistake.
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After money has changed hands, here in Ontario at least, it is a violation of the consumer Protection Act to withhold the goods and renegotiate the price and a company is legally liable up to $250,000 for each infraction in punitive damages.
If they take your money and don't have the item, they have to refund you or provide a like product at the same or discounted price, cannot be more than 10% more than the listed price or it violates another subsection of the law for price estimates. Or they're back into the above and $250,000 in punitive damages.
If they don't take your money, they're open for a suit for advertising the product and not providing it at the listed price. At this point it is merely on the judges discretion, and doesn't fall under the CPA. However, considering every product was capped at $50 and no one noticed, they would really be up shit creek without a paddle. It's a gross mistake and they made no attempt to reconcile the error (you know by shutting down the site) until 6am because they made no effort to check their pricing accuracy.
Like I said, they'd be open to a $1.6m lawsuit + the cost of legal fees and considering they obviously made no effort to check their prices, I don't see how they would have a defence. This isn't one little item that slipped through the net, it's the whole fucking store including the vinyl floor tiles!
There's no guarantee they would have to pay, it would be entirely up to a judge, but considering they obviously have no practices or policies in place to ensure these things are caught means they'd have no defence in court saying 'it was a mistake' because it wasn't, it was a complete lack of a price accuracy policy.
Are you a Canadian lawyer? The alleged laws you describe are quite far from the practice in other common law countries, but are quite similar to the misconceptions non-lawyers have about the law in most other common law countries, so I'm skeptical.
It's a gross mistake and they made no attempt to reconcile the error (you know by shutting down the site) until 6am
Did you read the article? They shut down the site when they saw the problem, which occurred between midnight and 6am, a popular time for sleeping.
Futureshop has repeatedly refused to uphold mis-priced items in Ontario.
>After money has changed hands, here in Ontario at least, it is a violation of the consumer Protection Act to withhold the goods and renegotiate the price and a company is legally liable up to $250,000 for each infraction in punitive damages.
You're absolutely wrong.
There is a strong protection here in Ontario against liability for technical errors, and it has come into effect multiple times (always with entitled people thinking they won the lottery writing angry letters to the editor decrying their grievous injury). So long as they reverse any charges, neither party is out anything and no one has any entitlement to the result of a mistake.