Andrew had decided to buy a gym membership from 24-7 Fitness, so he made an appointment to visit Corrie, the sales representative at the gym. Andrew was very excited about all the things that Corrie promised access to the club any day, at any time, use of the swimming pool and squash courts as well as the gym, and towel service (fresh towels at the gym for members use.) Corrie provided him with the contract to sign.

Andrew noticed that there was nothing in the contract about access to the club at any day or any time. In fact, there was no mention of hours of operation. Andrew asked Corrie about this and told her that this was an important feature for him, since he was a firefighter and had odd hours of work. He also needed to keep fit for his job, so he needed access to a gym that was open 24 hours a day.

Look, said Corrie, we wouldnt be called 24-7 Fitness if we werent open 24 hours a day, 7 days a week! Corrie assured him that he would have the access he needed to the gym.

The contract also included a clause that said there are no representations or warranties except as expressly provided herein. Another clause said this contract shall be construed according to the laws of Ontario. Under the heading List of Services, there was a clause that said members shall have access to the gym, swimming pool and squash courts and another clause that said towel service shall be provided to members free of charge. Andrew was happy with the contract, particularly since he enjoyed swimming and playing squash, and wanted to do those activities in addition to working out at the gym.

Andrew signed the contract, paid the $600 annual membership fee by credit card, and received his passcard to the gym.

The next day, Andrew went to work out at 4 am, and was shocked to find that the doors to the gym were closed. He called the gym and heard the usual recording, which did not indicate that there was any reason that the gym should be closed. A few days later, Andrew tried again, and was very angry when he could not access the gym at 3 am. The lights were on, but the doors to the gym were locked. When Andrew called the gym, he could not get hold of Corrie. He left her several messages, asking why he did not have access to the gym on the two days he had been there at 3 am and 4 am. The following weekend, Andrew went to the gym on Saturday afternoon, and had a great workout. When he went to the change room and asked for a towel, the attendant told him that he would have to pay $2 for this service each time he came to the gym. Andrew was furious!

He went into the Managers office and told him that he wanted his money back. The Manager apologized, but said that it would not be possible to refund his money. He also told him that the staff closed the gym if there was no one there for more than 2 hours, and that they had never guaranteed access to the club 24 hours a day. When Andrew told him that he had been promised 24 hour access by Corrie, the manager replied that Corrie no longer worked for them, and that he had no way of knowing what Corrie did or didnt tell him.

Extremely frustrated and angry, Andrew left the Managers office and drove home. He was planning to call his lawyer as soon as he got home. Unfortunately, Andrews misfortunes were not over. While Andrew was stopped at a stop sign, a drunk driver (Liam) slammed into the back of his car. Andrew suffered severe injuries requiring surgery and life-long pain. He was also unable to continue working as a firefighter, and had to get an office job with a government office. Sadly, Andrew fell into a deep depression as a result of all of these changes to his life.

Identify and analyze the legal issues as per Canadian Business law that arise in this case. How would you advise Andrew? Be thorough in your analysis and explanation.