Unfair practices
2. For the purposes of this Act, the following shall be deemed to be unfair practices: 1. A false, misleading or deceptive consumer representation including, but without limiting the generality of the foregoing, i. a representation that the goods or services have sponsorship, approval, performance characteristics, accessories, uses, ingredients, benefits or quantities they do not have, ii. a representation that the person who is to supply the goods or services has sponsorship, approval, status, affiliation or connection the person does not have, iii. a representation that the goods are of a particular standard, quality, grade, style or model, if they are not, iv. a representation that the goods are new, or unused, if they are not or are reconditioned or reclaimed, provided that the reasonable use of goods to enable the seller to service, prepare, test and deliver the goods for the purpose of sale shall not be deemed to make the goods used for the purposes of this subparagraph, v. a representation that the goods have been used to an extent that is materially different from the fact, vi. a representation that the goods or services are available for a reason that does not exist, vii. a representation that the goods or services have been supplied in accordance with a previous representation, if they have not, viii. a representation that the goods or services or any part thereof are available to the consumer when the person making the representation knows or ought to know they will not be supplied, ix. a representation that a service, part, replacement or repair is needed, if it is not, x. a representation that a specific price advantage exists, if it does not, xi. a representation that misrepresents the authority of a salesperson, representative, employee or agent to negotiate the final terms of the proposed transaction, xii. a representation that the proposed transaction involves or does not involve rights, remedies or obligations if the representation is false or misleading, xiii. a representation using exaggeration, innuendo or ambiguity as to a material fact or failing to state a material fact if such use or failure deceives or tends to deceive, xiv. a representation that misrepresents the purpose or intent of any solicitation of or any communication with a consumer. 2. An unconscionable consumer representation made in respect of a particular transaction and in determining whether or not a consumer representation is unconscionable there may be taken into account that the person making the representation or the person’s employer or principal knows or ought to know, i. that the consumer is not reasonably able to protect his or her interests because of physical infirmity, ignorance, illiteracy, inability to understand the language of an agreement or similar factors, ii. that the price grossly exceeds the price at which similar goods or services are readily available to like consumers, iii. that the consumer is unable to receive a substantial benefit from the subject-matter of the consumer representation, iv. that there is no reasonable probability of payment of the obligation in full by the consumer, v. that the proposed transaction is excessively one-sided in favour of someone other than the consumer, vi. that the terms or conditions of the proposed transaction are so adverse to the consumer as to be inequitable, vii. that he or she is making a misleading statement of opinion on which the consumer is likely to rely to his or her detriment, viii. that he or she is subjecting the consumer to undue pressure to enter into the transaction. 3. Such other consumer representations under paragraph 1 as are prescribed by the regulations made in accordance with section 16. R.S.O. 1990, c. B.18, s. 2.