a da t te d a r e g
20 June 2023
In the event of an exception, the supplier unilaterally change the contract by providing with 30 days notice of the change.136 30 Consumer Protection in the Digital Marketplace 4.2 Consumer Consent May Be Illusory 4.3 N otice and Disclosure May Not Both the common law and the CPA require adequate Protect Consumer Interests disclosure be given to the consumer to read and From time-to-time Ontario’s. [...] Some Canadian courts have acknowledged the limits of the judicial process to address the breadth of novel issues in the digital marketplace, particularly given the power imbalance between the supplier and consumer, and the reality that consumers often can’t practically choose to participate in many services despite the potential consequences.179 Some Canadian courts have also acknowledged the need. [...] For example, the CPA currently provides the • “online platform: means a hosting service that, at following protections for “internet agreements”: the request of a recipient of the service, stores and • An express opportunity for the consumer to accept disseminates information to the public” or decline the internet agreement • “online marketplace: means a service using • The accessibility of the ma. [...] Current case law suggests that some of these situations may satisfy the $50 threshold and thus • Where the changes do not reduce the obligations trigger the protection of the CPA to specific notice and of the supplier or increase the obligations of the disclosure requirements.212 Furthermore, ToS contracts consumer; or may voluntarily be structured to comply with these • When the contract is for a. [...] As a result, digital suppliers and businesses that it is fair and equitable and does not have the effect must have the ability to change their terms of service of undermining an affirmation or promise made by to reflect the evolution of their business practices, the business that is consequential to the consumer, or products, and business relationships.