contractual law in ontario, where can you go read up on it? | GTAMotorcycle.com

contractual law in ontario, where can you go read up on it?

S

SkyRider

Well-known member
hi there, so my cell is with rogers. im getting a $25 discount per month as part of my retention plan. but just today they told me i'm not "supposed" to be getting that much off. and their "revenue" department may or may not call me to tell me they can no longer give me $25 off. i'm already 6 month in on a 3 year contract.

so i wanna plan ahead and study up on the contractual law in ontario just in case they do call. can i go to a library to find such info? thanks.
 
hmm, my initial thought is that their time to complain/charge you is limited. The clock starts when they found out/should have found out about the problem. They will have a hard time arguing why they didn't find this in the first billing cycle.

In most contracts, if things operate differently than specified (ie. if your rent is due on the first, but you consistently pay on the 7th and the landlord doesn't notify you that this isn't acceptable and that they will proceed with action if you don't comply), then the way things operate becomes incorporated in the contract (ie. if the landlord after two years of this required you to pay on the 1st again, the courts would likely let you continue to pay on the 7th).

Rogers may try and backcharge you, but you would likely win with a good lawyer (although said lawyer would likely cost much more than the charge).
 
You could start by reading the actual contract that you signed ("i'm already 6 month in on a 3 year contract"). You'll most likely find that Rogers can amend the terms from time to time as they see fit.
 
it was a verbal agreement over the phone. i don't recall ever actually "signing" a wireless contract. so i believe rogers can't just change it and charge me more later. if so what's the point of a contract. i just googled and found an ON gov site regarding consumer protection act. so it should be ok now. ive been with rogers for like 10+ years now so if they try to screw me they will not get another cent from me ever again.
 
If they try to amend or change anything in the contract you can dispute that change and break the contract. It worked for me when I wanted to get out of my contract with Bell. Though, if it wasn't there to begin with.....
 
Better business Bureau is pretty responsive. I've had them dealt with Rogers regarding a contract & I got it done in a week. People actually called me
 
For phone conversations, there is a strong probability that it was recorded and it would be easy to recall this conversation for any legal dispute.

Roger's wireless terms are posted here and most likely apply in your case: http://www.rogers.com/cms/pdf/en/About/TOS_En.pdf

"Unless otherwise specified in a ServiceAgreement, we may change, at any time, any charges, features, content, functionality,structure or any other aspects of the Month-to-Month Services or the Term Services, aswell as any term or provision of a Service Agreement, upon notice to you by billmessage, text message, letter or e-mail. If you do not accept such change, your soleremedy is to terminate the affected Services or Service Agreement within 30 days ofyour receipt of our notice of change (unless we specify a different notice period), byproviding us with advance notice of termination pursuant to Section 34."
 
FLSTC said:
For phone conversations, there is a strong probability that it was recorded and it would be easy to recall this conversation for any legal dispute.

Roger's wireless terms are posted here and most likely apply in your case: http://www.rogers.com/cms/pdf/en/About/TOS_En.pdf

"Unless otherwise specified in a ServiceAgreement, we may change, at any time, any charges, features, content, functionality,structure or any other aspects of the Month-to-Month Services or the Term Services, aswell as any term or provision of a Service Agreement, upon notice to you by billmessage, text message, letter or e-mail. If you do not accept such change, your soleremedy is to terminate the affected Services or Service Agreement within 30 days ofyour receipt of our notice of change (unless we specify a different notice period), byproviding us with advance notice of termination pursuant to Section 34."
Click to expand...

thanks.
 
SkyRider said:
hi there, so my cell is with rogers. im getting a $25 discount per month as part of my retention plan. but just today they told me i'm not "supposed" to be getting that much off. and their "revenue" department may or may not call me to tell me they can no longer give me $25 off. i'm already 6 month in on a 3 year contract.

so i wanna plan ahead and study up on the contractual law in ontario just in case they do call. can i go to a library to find such info? thanks.
Click to expand...

U of T School of Continuing Studies Course 0973 Business Law
Book: "The Law and Business Administration in Canada" (13th Edition)

I can sell you my book if you want (I did the course already), or just go to the library and look it up, it is a good book to read or to have...
 
OP, you can try reading Irwin law's "Law of Contracts" (the Cole's notes that all 1L law students use). But be forewarned, it won't give you quick and easy answers.

I think your answers might lie with the Consumer Protection Act of Ontario. The Ministry has a hotline, too, that you can call and file a complaint. Might help, but likely the people you speak to are clueless.

Better option might be to visit either UofT or York law schools' community legal clinics. They're free, too.
 
A word of advice - a polite tone and firm position will get you a long way in the conversation.

If you signed a contract, I think they can still "drop" you. So speak politely and work something out.. try and make them see it as "their employee's fault, and Rogers needs to own up to the promise".
 
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