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Consumer Protection Act – Residential Construction

Posted on January 20, 2023 | Posted in Construction, Five Liners

The Fifth Wall v. Tonelli 2022 Ont SCJ (AJ)

The associate judge held that the Consumer Protection Act applied to a cost plus renovation contract. Section 10 of the Act provides that, if a consumer agreement includes an estimate, the supplier cannot charge an amount that exceeds the estimate by more than 10% unless, if the consumer required additional or different goods or services, the consumer and supplier agreed to amend the estimate. The judge refused to grant partial summary judgment to the consumer holding that there was a genuine issue for trial dealing with whether the disputed items were “estimates.” These items fell within 3 categories: items described as an allowance, items with a dash or no amount, and items with no caveats in the description.


Jonathan Speigel


Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.


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