A Warning To Contractors And A Lesson For Regulators: Enforcement And Penalties Under The Consumer Protection Act

Virtually every regulator engages in some form of consumer protection. Concerns relating to false billing, misleading advertising, and the failure to deliver products and services can be found in nearly every regulatory statute. The vigour with which regulators seek the most serious remedies relating to these consumer protection issues is, however, quite variable. In some cases, the media has criticized regulators for not revoking a registrant's registration when they have been found guilty of professional misconduct for false or misleading billings.

Our provincial government's approach to addressing consumer protection issues is more aggressive, involving provincial offence proceedings where significant penalties, often involving large fines, jail, and probation are sought and received. We have firsthand experience, having recently represented clients in matters involving violations of the Consumer Protection Act, 2002¹ (the "CPA"). From our recent experience, we