Cancellation of contracts for non-disclosure
 50. (1) For the purposes of section 30 (2) of the Act, if a registered motor vehicle dealer entered into a contract under which another person, who was not a registered motor vehicle dealer, purchased or leased a motor vehicle from the dealer, the person may cancel the contract if, (a)  the dealer has not accurately disclosed, in the contract, the information required under any of paragraphs 3, 7, 17 and 23 of section 42; (b)  the dealer, in the contract, made the statements described in paragraph 4 of section 42 but could have made the statement described in paragraph 3 of that section; (c)  the dealer, in the contract, made the statements described in paragraph 4 of section 42 but the statement of the distance that the vehicle has been driven as of some past date is inaccurate; or (d)  the dealer, in the contract, made the statement described in paragraph 5 of section 42 but could have made the statements described in paragraph 3 or 4 of that section.  O. Reg. 333/08, s. 50 (1). (2) A person may cancel a contract under subsection (1) even if the registered motor vehicle dealer did not know the information that the dealer was required to disclose under that subsection or honestly believed it to be accurate, regardless of the steps taken by the dealer to ascertain or verify the information.  O. Reg. 333/08, s. 50 (2). (3) A person who is not a registered motor vehicle dealer, who leases a motor vehicle from a registered motor vehicle dealer and who, during or after the end of the term of the lease, enters into a contract with the dealer to purchase the vehicle is not entitled to cancel the contract of purchase under subsection (1).  O. Reg. 333/08, s. 50 (3). (4) A disclosure of a distance required under paragraph 3 or 4 of section 42 shall be deemed to be accurate if it is within the lesser of 5 per cent or 1,000 kilometres of the correct distance required to be disclosed.  O. Reg. 333/08, s. 50 (4). (5) A person may not cancel a contract under subsection (1) more than 90 days after actually receiving the motor vehicle.  O. Reg. 333/08, s. 50 (5). (6) To cancel a contract under subsection (1), a person shall give a notice of cancellation to the registered motor vehicle dealer in accordance with the following: 1.  The notice must be in writing. 2.  The notice may be expressed in any way, as long as it indicates the intention of the person to cancel the contract. 3.  The notice may be given by delivering or sending the notice, by a method allowed under subsection 37 (1) of the Act, to the address of the dealer set out in the contract being cancelled. 4.  If the person did not receive a copy of the contract or the address of the dealer was not set out in the contract, the notice may be given by delivering or sending the notice, by a method allowed under subsection 37 (1) of the Act, to, i.  an address of the dealer on record with the Government of Ontario or the Government of Canada, ii.  an address of the dealer known by the person giving the notice, or iii.  if there is an administrative authority, an address of the dealer on file with the authority.  O. Reg. 333/08, s. 50 (6). (7) If a notice of cancellation is given other than by personal service, the notice shall be deemed to be given when sent.  O. Reg. 333/08, s. 50 (7). (8) If a person gives a notice of cancellation under subsection (6), the registered motor vehicle dealer shall make reasonable efforts to reach, within 20 days after the notice is given, an agreement with the person as to a time and place to meet for the person to return the motor vehicle and for the dealer to refund the payments described in clause (10) (b).  O. Reg. 333/08, s. 50 (8). (9) The meeting mentioned in subsection (8) shall not take place later than 30 days after the notice of cancellation is given.  O. Reg. 333/08, s. 50 (9). (10) If an agreement is reached under subsection (8), (a)  the person who gave the notice of cancellation of the contract shall return the motor vehicle to the registered motor vehicle dealer at the agreed time and place or at a subsequent time that is no later than 15 days after the originally agreed time; and (b)  the registered motor vehicle dealer shall immediately refund to the person who gave the notice of cancellation of the contract any payment made under, (i)  the contract, or (ii)  any contract for an extended warranty or a service plan for the vehicle, whether the dealer sold the warranty or the service plan, as the case may be, to the person or facilitated the sale of it to the person through the dealer.  O. Reg. 333/08, s. 50 (10). (11) If no agreement is reached under subsection (8) within the time period specified in that subsection, (a)  the person who gave the notice of cancellation of the contract shall return the motor vehicle to the registered motor vehicle dealer at a time that is on or after 21 days after giving the notice and no later than 30 days after giving the notice; and (b)  the registered motor vehicle dealer shall immediately refund to the person who gave the notice of cancellation of the contract any payment described in clause (10) (b).  O. Reg. 333/08, s. 50 (11). (12) The registered motor vehicle dealer is deemed to consent to a return of the motor vehicle under clause (10) (a) or (11) (a).  O. Reg. 333/08, s. 50 (12). (13) A person who gives a notice of cancellation under subsection (6) shall take reasonable care of the motor vehicle from the time of receiving the vehicle until returning it to the registered motor vehicle dealer.  O. Reg. 333/08, s. 50 (13). (14) If a person gives a notice of cancellation under subsection (6) for a contract for a motor vehicle and complies with clause (10) (a) or (11) (a), then at the time of compliance the notice operates, (a)  to cancel, as if they never existed, (i)  the contract, (ii)  any contract for an extended warranty or a service plan for the vehicle, whether the registered motor vehicle dealer sold the warranty or the service plan, as the case may be, to the person or facilitated the sale of it to the person through the dealer, (iii)  all guarantees given in respect of money payable under the contract, and (iv)  any of the following obligations if the registered motor vehicle dealer arranged for them or facilitated them and they relate to the purchase or lease of the vehicle: security interests, credit agreements and other payment instruments, including promissory notes; and (b)  to transfer to the dealer the obligations described in subclauses (a) (iii) and (iv) of the person arising in respect of money payable under the contract.  O. Reg. 377/09, s. 6. (14.1) If a contract has been cancelled under this section and the registered motor vehicle dealer arranged for or facilitated financing for the contract under an agreement between the dealer and the person providing the financing, the dealer shall promptly provide notice of the cancellation to that person.  O. Reg. 377/09, s. 6. (14.2) Nothing in this section affects the rights and obligations of parties to an agreement that a registered motor vehicle dealer has entered into for the purpose of arranging for or facilitating financing of any contracts that are cancelled under this section.  O. Reg. 377/09, s. 6. (15) Despite subsection (14), a registered motor vehicle dealer is not required to return a motor vehicle that was traded in in connection with the contract but the dealer shall refund, under clause (10) (b) or (11) (b), the amount paid for that vehicle or the credit, as applicable, for that vehicle.  O. Reg. 333/08, s. 50 (15). (16) If a person gives a notice of cancellation under subsection (6) and the registered motor vehicle dealer does not refund to the person the amounts that the dealer is required to refund under clause (10) (b) or (11) (b), as applicable, the person may commence an action against the dealer in a court of competent jurisdiction.  O. Reg. 333/08, s. 50 (16). (17) In the action, oral evidence respecting the trade or the cancellation of the contract is admissible despite the existence of a written contract and despite the fact that the evidence pertains to a representation in respect of a term, condition or undertaking that is or is not provided for in the written contract.  O. Reg. 333/08, s. 50 (17).