Sam Gagnon was working in his new role as a regional manager in the jewellry industry. He wanted to learn as much as he could and was particularly interested in hearing about customer challenges in Ontario, the district assigned to him by head office.

At a recent conference in Toronto, he attended a panel discussion in which customers expressed their concerns about the integrity of some sales representatives and the claims they sometimes made. Sam was concerned about the legal implications of false or misleading representations.

Sam left the conference thinking about how best to convey this information to his staff. Sam decides to give his staff a homework assignment with the following questions:

1. What is the name of the legislation/Act that applies tomisleading representation when consumers are misinformed about products? (2 marks) Answer:

2. If a criminal prosecution is brought against a jewellry company for false or misleading representation knowingly or recklessly, what are the considerations that the prosecution will be based on? (3 marks) Answer:

3. TheCompetition Actprovides that a court can order administrative monetary penalties, and or/or to pay restitution to purchasers.

1. What are the highest monetary penalties for individuals? (2marks) Answer:
2. What are the highest monetary penalties for a corporation? (2marks) Answer:

4. Is the Ontario Consumer Protection Act, 2002, a federal act or provincial act? (2 marks) Answer:

5. Part III of the Ontario Consumer Protection Act, 2002 identifies the false or misleading representations. If such unfair practices have occurred, then what recourse is available to consumers? (2 marks)

6. What can jewellery businesses do to minimize the risk of misrepresentations to consumers? (2 marks)

Answer:

7. Explain the interplay between TheOntario Consumer Protection Act, 2002, theSale of Goods Actand the common law of contract. (5 marks)

Answer: