On May 8, 2015, the Superior Court of Quebec confirmed that the addition of any extra charges to the advertised price of a product or service is prohibited, even if a customer or client has prior notice of the charges or if the charges appear on a menu or in a flyer. The Superior Court judgment was the result of a motion for a declaratory judgment by the owner of Stratos Pizzeria restaurants, who had challenged the abovementioned rule. Stratos considered that an additional charge for payment by Interac card at the time of transaction was reasonable.
The judgment is available online here (in French only)
Impact on RCC members:
RCC would like to remind members that they may not add extra charges to a bill or invoice if those charges are not disclosed as part of the selling price, particularly under the pretext that the customer or client is paying by debit card. The Superior Court decision upholds the section 224 of the Consumer Protection Act, which reads:
224. No merchant, manufacturer or advertiser may, by any means whatever, …
(c) charge, for goods or services, a higher price than that advertised.
If you have any questions or concerns, please don’t hesitate to contact Maxime Leduc, Coordinator, Communications and Public policy at 514-982-0267, ext. 334, or by email at [email protected]