HomeMy WebLinkAboutTimes-Advocate, 1980-10-08, Page 18Paw 1.0
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.TACK RIDDELL
There has been con-
siderable discussion recently
on the subject of consumer
protection. Here in Ontario,
the provincial government
seems to adhere to the
principle that the consumer
should be the main policing
force in the marketplace,
and that the consumer
should be provided with the
wherewithal to carry out
that function.
The government's role
appears to consist of
providing certain statutes
and supplying information
for the consumer, par-
ticularly with respect to
legal rights.
One area in which the
Ministry of consumer and
Commercial Relations has
become involved is in the
investigation of suspected
fraudulent practises through
the Business Practices
Division. There seems to
have been a long-standing
campaign against auto
transmission and repair
shops.
The ideal that the con-
sumer should be the main
policing agent in the
marketplace only makes
sense when allowance is
made for (a) the realities of
the marketplace, (b) the
difficulties inherent in a
public information
distribution process, and (c)
the barriers which prevent
consumers from exercising
their legal rights.
Frequently these problems
call for a positive govern-
ment response. This is the
case, not because the con-
sumer cannot protect his or
her own interests, but
because the nature of the
marketplace and our legal
processes are such that it is
often not worth his or her
while to take action to assert
a consumer right.
Let's take a look at the
realities of the marketplace.
The original approach in
Consumer protection
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contract law to resolving a
dispute between two parties
was the legal maxim
"caveat emptor" - "Let the
buyer beware", Today we
rarely hear that saying
raised to the level of a
principle. This is because the
conditions of the market-
place have changed. Years
ago when the rule was
originated, the buyer and the
seller Were usually on an
equal footing.
Nowadays, the consumer
is in a far Weaker position
vis-a-vis the seller: the
consumer has no ability to
negotiate either as to the
price or to the quality of the
goods being sold, The fact
that the seller is several
stages removed from the
manufacturer means that
the seller is rarely in-
timately familiar with the
peculiarities of the product
or the particulars of the
manufacturing process
which went into its
production.
The nature of advertising
and marketing practices are
such that little valuable
information is relayed to the
consumer. With the great
diversity of manufacturers
and retailers, the consumer
stands little chance of
becoming getter informed,
and his or her individual
protestations will have little
impact on the marketplace
as a whole.
The other problem with the
marketplace is that at the
stage of buying a product or
service, the consumer
receives very little in-
formation about his or her
contractual rights, and such
rights of which he she is
informed are non-negotiable.
Standard-form sales
contracts and warranties are
unintelligible to the average
consumer, and even when
deciphered cannot be
Plywood
is stolen
There's some hot lumber
-in the Grand Bend area but
it's not the variety which is
on fire.
The Pinery detachment of
the OPP reports this week
that 40 sheets of plywood
valued at $400 were stolen
from a barn on Walker Road
in Bosanquet Township. The
lumber which was taken
either late Tuesday or early
Wednesday morning was
owned by Gordon Teetzel of
Thedford.
No accidents in the detach-
ments area were reported
but 13 charges under the
liquor licence act and five
charges under the highway
traffic act were laid.
NAME WINNERS
Names of the winners in
the pig guessing contest at
the 1980 Exeter fair have
been released.
Gordon Stewart wins $5 for
the closest guess to the
dressed weight of 189 pounds
and Brian Blackburn gets
the same amount for his
guess of 106,5 centimeters
for the distance around the
heart girth.
Changed because that's
either "store policy" or
because that contract has
been adopted industry-wide
and there's no relief to be
had from any seller,
Then there are the dif-
ficulties which hinder in-
formation-dissemination
programs. A study carried
out under the auspices of the
Ministry of Consumer and
Commercial Relations en-
titled A Survey of Consumer
Issues among. the People of
Ontario was released in
August 1978. It indicated, that
most Ontarians cannot name
a single consumer protection
law. The actual figure was 62
percent.
On the other side of the
ledger, among those who
know something of consumer
protection, not one of the
laws was well-known by a
large percentage. Ten
percent of the respondents of
the survey could name the
protection offered by the
cooling-off period. That
provision of the Consumer
Protection Act received the
highest recognition. Let's
face it, ten percent is an
embarrassingly low figure!
There is also, of course,
the matter of the legal
process. It would almost
In recent years the Huron
County Federation of
Agriculture has spearheaded
efforts to increase
awareness of the problems
associated with the absentee
ownership of Ontario farm
land. In a 1979 Study by the
RDOP for the Federation
they found ,highest foreign
ownership in Ashfield
Township, 2,123 acres, and
Howick Township, 1,637
acres.
Recent purchases in
Colborne and other town-
ships may add more to the
list. These purchases tend to
be large holdings of high
quality farm land. One of the
Federation's concerns is
what these large untenanted
holdings will do to the rural
community.
The Federation wants to
do more than study the
problem. In the past year
GB pupils
to see play
This year the grade 7-8
students of Grand Bend
Public School will be
studying the play, 'Twelfth
Night" in their literature
program,
As a follow-up to this unit
of study the students will
have the opportunity of
seeing "Twelfth Night" on
October 22 at the Stratford
Festival Theatre. Forty
tickets have been purchased
for this play. The tickets will
be sold on a first-come-first-
serve basis,
If some students do not
wish to take advantage of
this opportunity to see a
Shakespearean play they are
not obligated to do so. Cost of
the ticket is $5.50. Students
have until October 10 to
purchase their tickets.
After that interested
parents may take advantage
of the tickets and see
"Twelfth Night". Mrs.
Sageman and Mrs. Fitchett
will be accompanying the
students to Stratford,
certainly be safe to say that
most laypersons are either
ignorant of, or intimidated
by, our legal system. Indeed,
it is probably true to say that
the majority exhibit both of
these reactions.
A number of other factors
deter people from seeking
redress in the courts. There
is the question of cost, of
work hours lost, of doubt as
to whether the exercise is
worthwhile, or will have
positive results.
Marketplace processes
need to be made more un-
derstandable Many vendors
use standard form contracts..
The government could
require that these be written
in plain English. In additiOn,.
the applicability of penalties
could be extended to
breaches of specific
provisions of consumer
protection legislation.
Con.sumer protection laws
could be made more ac-
cessible and more easily
understandable,
Barriers which presently
inhibit consumers from
asserting their rights
through litigation could be
removed. For example,
thereshould be provision for
minimum judgement
awards.
foreign purchasing has
appeared to accelerate. At
the September Regional
Meeting Huron County
Federation of Agriculture
called for the resignation of
Agriculture Minister, Lorne
Henderson, unless he took
action to deal with the
problem.
The Federation is trying to
learn how other provinces
have dealt with this problem.
The Huron County
Federation has invited
Gordon MacMurchy,
Minister of Agriculture for
Saskatchewan, ' to be the
guest speaker at their annual
meeting, October 23.
Mr. MacMurchy has been
asked to speak on Saskat-
chewan's legislation on
foreign ownership and on the
Farm Start program. It
should be an informative
evening. Mr. macMurchy's
comments will follow a roast
beef supper at the Brussels
area arena.
Tickets are available from
county directors and
township presidents for $6. a
person. The Federation is
also planning a seminar with
Mr.MacMurchy the next day
and details of it will be
available at the annual
meeting.
Eileen Chalut
P.O. BOX 32
BAYFIELD, ONT. NOM 100
(519) 236-4222
SERVING HURON AND SURROUNDING COUNTIES
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