When a Refund Is Legally Required
Canadian law does not provide a general right to a refund for change of mind. A refund may be required by law in several specific situations: the goods are defective or not as described, the consumer is cancelling under a cooling-off period, an unfair practice occurred, or the internet agreement was not disclosed as required.
Outside these situations, the retailer's voluntary return policy applies. A posted return policy is enforceable if it was visible before purchase.
Documenting the Dispute
Written documentation is central to any refund claim. Retaining the receipt, order confirmation, product photographs, and copies of email exchanges with the supplier creates the evidentiary record needed for a complaint or civil claim.
Where goods are defective, a written description of the defect and dated photographs are particularly important. Where the dispute turns on a representation, saving the advertisement or listing is critical.
Available Options
Where the supplier has not responded within a reasonable time, the consumer may consider a chargeback through the credit card issuer (CPA s. 99 or network rules), a complaint to Consumer Protection Ontario, or a civil claim in Small Claims Court (limit $35,000).
Each option has trade-offs. A chargeback is fast but subject to time limits set by the card network. A regulatory complaint may lead to enforcement but not to direct restitution. A civil claim provides direct remedies but takes longer and involves court fees.
- Request a chargeback through the credit card issuer within 120 days
- A complaint may be filed with Consumer Protection Ontario
- Commence a Small Claims Court action within the limitation period
- Consult a licensed paralegal or consumer protection lawyer for complex matters