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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101450
Experience:  Lawyer
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My question is regarding contract law. I'm wondering if I

Customer Question

My question is regarding contract law. I'm wondering if I have any chance of a deposit for a time share to be refunded. The 'cool off' period outlined in the documents indicates 10 "days". It does not indicate calendar days or business days. I submitted a request to cancel on the 8th business day but they quoted (under the Consumer Protection Act), you may cancel the agreement at any time during the period that ends ten (10) days after
the day your receive a written copy of the agreement. My request was 30 hours (by email) outside of 10 calendar days. They have my $6500 deposit and are agreeing to cancel on the condition they retain my full deposit. I want to know if I have a chance and/or if the time and cost is even worth my while. The cancelation request also provided detailed rationale as to why I was in a vulnerable state when I signed and not in a sound emotional state of mind. I have to return a Release today if I'm going to accept their offer. Please let me know
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

I am sorry that you are in this difficult situation.

Can you confirm that the timeshare company is in Ontario?

Customer: replied 1 year ago.
Expert:  Debra replied 1 year ago.

You missed the ten day cooling off period. The Act does not provide for 10 business days and so that means it is 10 days in total. You would not count the first day but would count the last.

It doesn't go by hours so you have to cancel by the end of the 10 days not counting the first day, that is the day you signed is not counted.

You can cancel within a year if you were not given a written contract.

You have no right to cancel otherwise.

But you can take the position that the contract should be set aside if the materially mis-represented something to you. That would also be the case if they unduly pressured you into signing.

There is no basis for cancelling a contract or having it set aside because you signed it when you were in a vulnerable state or not in a sound emotional state of mind though.

I am sorry this is not the answer you were hoping for.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 1 year ago.
Thank you for this information. You're right, not what I wanted. The other issue is that there were other conditions in the agreement which I believe form equal obligation but have yet to be met by the company; specifically, 1) the contract states "Within 30 days from the signing of the Membership Agreement, you will be issued a maximum of two Membership cards...." I received a Membership card through regular mail on Oct 1st. 12 days beyond the thirty (30) days from the signing of the Membership agreement. " and 2) the contract states "The undersigned . . . A copy of this note has been provided to the undersigned. A copy accepted by CCNA will be provided by mail at the address you have provided below within 30 days". I have yet to receive any correspondence from CCNA. I challenged the denial of my request to cancel as it rests on a strained interpretation of specifically one section of the contract (the Consumer Protection Act) solely for the protection of the company but got no where with that either.
Expert:  Debra replied 1 year ago.

I don't know what you mean. The 10 days is not being interpreted incorrectly and it is not a grey area unfortunately.

If they breached the agreement that may help you especially that you never got the CCNA confirmation.

I suggest you run this by a staff member at the Consumer Protection Branch (they are open now) and ask if they believe that is good enough for them to consider the contract to be breached.

Customer: replied 1 year ago.
Thank you. I understand the 10 day issue you previously answered. My second question was specific to whether or not they had breached the contract and if that would make any difference in my pursuit to get my deposit (or a portion of it) returned.
Customer: replied 1 year ago.
I contacted Consumer Protection Branch. I was told this would be a question for a lawyer (that they do not interpret the law).
Expert:  Debra replied 1 year ago.

I believe they did breach the contract.

I cannot say what a court would say because it is not clear that this is a material breach and if it doesn't affect you at all the court will not likely say it matters enough to set aside the contract.

Expert:  Debra replied 1 year ago.

Is there anything I can help you with at this point in time?