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ARTICLE · 14 MARCH 2012

"Richard v. Time Inc.": The "Credulous And Inexperienced" Consumer Is Reborn

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On February 12, 2012, in a long-awaited ruling on Quebec consumer law, the Supreme Court of Canada clarified several questions that have been the subject of doctrinal and jurisprudential debate.

CanadaLitigation, Mediation & Arbitration
Enrico Forlini
Enrico Forlini
Frédérique Dupuy
Frédérique Dupuy
RaphaëL Lescop
RaphaëL Lescop
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On February 12, 2012, in a long-awaited ruling on Quebec consumer law, the Supreme Court of Canada clarified several questions that have been the subject of doctrinal and jurisprudential debate. For example, the Court clearly established that:

  • Commercial advertising must be assessed from the perspective of a "credulous and inexperienced" consumer, rather than from that of a consumer with an "average level of intelligence, scepticism and curiosity".
  • That civil proceedings cannot be instituted under Section 272 of the Consumer Protection Act ("CPA"), if a person has merely seen a misleading advertisement. Rather, the person must have also entered into a consumer contract in relation to the advertisement.

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