Tag: Consumer protection act

Paying rent under a residential lease does not automatically make you a consumer under the Consumer Protection Act. A recent Supreme Court of Appeal decision shows that the real question is whether the landlord is letting property in the ordinary course of business. That said, even where the CPA does not apply and a lease is validly cancelled, a landlord cannot simply tell a tenant to leave without following the correct eviction process.

Think a disclaimer will protect your business from liability? Not so fast. Our courts have made it clear that a disclaimer is only enforceable where consent is properly obtained, risks are clearly disclosed, and the wording is specific enough to cover the conduct in question.
These principles matter for businesses operating in high-risk environments, and for consumers who may assume they have signed away more rights than they actually have. A case brought by a woman who fell from her safari vehicle in Botswana illustrates this point.