Sam Gagnon was working in his new role as a regional manager in the jewelry 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 Federal legislation/Act that applies to misleading representations when consumers are misinformed? (2 marks)

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

3. The Competition Act provides that a court can order administrative monetary penalties and/or to pay restitution to purchasers for false or misleading representations.

a) What are the highest monetary penalties for individuals? (2 marks)

b) What are the highest monetary penalties for corporations? (2 marks)

4. Is the Ontario Consumer Protection Act, 2002 a federal act or a provincial act? (1 marks)

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

6. Under the Competition Act, what adjudication bodies may hear cases relating to deceptive marketing practices? (4 marks)

7. If a person or a corporation believes that another business is engaging in the anti-competitive practice of exclusive dealing, how would that person or corporation pursue a remedy? (2 marks)

8. The Sale of Goods Act provides a set of 5 rules that apply when parties to a contract fail to specify in the contract when title to goods passes. Why is it important to determine when title passes from the seller to the pruchaser? (2 marks)