Duncan v. Ontario Home Services Inc.
2019 CanLII 131885 (ON SCSM)
Court
Ontario Small Claims Court
Year
2019
Citation
2019 CanLII 131885 (ON SCSM)
Topic
Unconscionability rescission of air- and water-cleaner contract
The facts
A consumer was pressured into a contract worth approximately $15,000 for air and water cleaners.
The holding
The Court ordered the contract cancelled on unconscionability grounds under the CPA.
Why this matters for Ontario homeowners
Small Claims Court will rescind aggressive HVAC and air-purifier contracts on unconscionability grounds even where the consumer signed. The size of the obligation relative to the equipment's value, combined with the sales practices used, supports rescission.
Read the full reasons on CanLII: https://www.canlii.org/en/on/onscsm/doc/2019/2019canlii131885/2019canlii131885.html
This case summary is for general information only. It is not legal advice. Outcomes in your situation depend on the specific facts of your case.
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