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ARTICLE · 22 DECEMBER 2015

Québec Court Rules That E-Retailer May Cancel Sale Due To Evident Pricing Error

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While retailers are liable for the accuracy of the prices they advertise, there have been instances in which Québec courts have allowed retailers to successfully allege a pricing error.

CanadaMedia, Telecoms, IT, Entertainment
Melissa Tehrani
Melissa Tehrani
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The Court of Québec (Small Claims Division), in Faucher v. Costco Wholesale Canada Ltd. (2015 QCCQ 3366), has ruled that an online retailer who erroneously advertised computers on its e-commerce site for $2.00 was not obliged to honour its mistake. The plaintiff instituted legal proceedings against the retailer after the latter cancelled the plaintiff’s purchase order of 10 computers at $2.00 each–  claiming the retail value of all 10 computers ($9,379.99) in damages.

While retailers are liable for the accuracy of the prices they advertise, there have been instances in which Québec courts have allowed retailers to successfully allege a pricing error. In this case, the Court based its ruling in part on the retailer’s website Terms and Conditions of Use, which Terms were found at the bottom of each webpage, were one click away and therefore enforceable against the Plaintiff, and contained a provision whereby the retailer reserved “the right to cancel, to terminate or

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