Weller v. Reliance Home Comfort Limited Partnership
2012 ONCA 360
Court
Court of Appeal for Ontario
Year
2012
Citation
2012 ONCA 360
Topic
Strict CPA compliance for amendment, renewal, or extension of remote agreements
The facts
Weller rented a water heater from Reliance under a 'remote agreement.' Reliance proposed to amend the rental terms. Weller sought a declaration that the amendment was invalid because the contract did not give him the option to either terminate the agreement or retain the existing terms unchanged, as required by section 42(2) of O. Reg. 17/05 under the CPA.
The holding
The Court of Appeal confirmed that suppliers must strictly adhere to CPA regulatory requirements when amending, renewing, or extending remote agreements. Conditions attached to a consumer's right to terminate (e.g., consumer cannot be in default, must pay costs) render the amendment defective and unenforceable.
Why this matters for Ontario homeowners
CPA disclosure and amendment rules are mandatory, not directory. Where a long-tenure HVAC rental supplier amends or renews terms without strict compliance, the amendment is unenforceable. Foundational authority for any claim challenging a Reliance- or Enercare-style long-tenure rental.
Read the full reasons on CanLII: https://www.canlii.org/en/on/onca/doc/2012/2012onca360/2012onca360.html
This case summary is for general information only. It is not legal advice. Outcomes in your situation depend on the specific facts of your case.
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