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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100973
Experience:  Lawyer
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I am wondering what my rights are in Ontario, Canada with an

Customer Question

I am wondering what my rights are in Ontario, Canada with an online company who agreed to sell me some wood floors at a certain price (I have an email confirming that the store spoke to the regional manager and she sent the matter back to the store for resolution, and they agreed to honor the advertised price). They then sent me an invoice, and processed my credit card and had me sign the invoice and credit card confirmation. Later in the same day the regional manager called me, and rudely told me she was cancelling the order with no apology or even offering me an alternative product or solution.
Submitted: 1 year ago.
Category: Canada Law
Customer: replied 1 year ago.
Here is the email I received from the company;"After a review from the RM" (regional manager) "this issue was sent back to the store level for a final resolution. The good news is that the corporate office will proceed and honour your previous order at the $1.99 price. In light of this pricing error and the large quantity involved the corporate office has outlined the following stipulations;
-full payment is required by 12pm noon Jan 5
-payment on an order constitutes the sales transaction and order confirmation........."I fulfilled all their requirements, so as far as I am concerned, I think we have a legally binding contract
Customer: replied 1 year ago.
According to the Consumer Protection Bureau in Ontario the only recourse I have under the Consumer Protection Act is to get my money back, which they have assured me is in process. The Consumer Protection Bureau said if I have concerns about breach of contract, then I must address this in small claims court.I am trying to inform myself, but I intend to call the head office to raise my concerns, but I want to see if I have any contractual recourse when I call them, or I will be just calling them to make a complaint against the regional manager
Expert:  Debra replied 1 year ago.

Are you asking if there is anyway to enforce the contract without suing?

Customer: replied 1 year ago.
Not really, I am asking if the company is legally obliged to honour the sale as outlined in their emailed response to me. I believe that their email and my acceptance and compliance with their stipulations has created a legally binding contract for the company to provide the goods as the agreed upon price. Is this the case ?
Expert:  Debra replied 1 year ago.

Yes. For sure. There was an offer and an acceptance and there was therefore a binding contract. But the consumer protection branch is right and you will have to sue them in small claims court to enforce the contract.

Your next step is to send them a demand letter providing them with a deadline for adhering to the terms of the contract lawsuit.

If you have to sue them you will be able to self represent. If it gets that far and you find you need some help as you go through the process you can always post on the site again and I can assist you further.