Part 2 — Unfair and Negative Option Practices Division 1 Unfair Practices
13 Division 2 Civil Remedies Against Suppliers Court action by consumer
(a) has entered into a consumer transaction, and
(b) in respect of that consumer transaction, has suffered dama ge
or loss due to an unfair practice,
that consumer may commence an action in the Court of King's
Bench for relief from that damage or loss against any supplier or
any principal, director, manager, employee or agent of a supplier
who engaged in or acquiesced in the unfair practice that caused that
damage or loss.
(2) In an action under this section, the Court of King's Bench may
(a) declare that the practi ce is an unfair practice;
(b) award damages for damage or loss suffered;
(c) award punitive or exemplary damages;
(d) make an order for
(i) specific performance of the consumer transaction,
(ii) restitution of property or funds, or
(iii) rescission of the consumer transaction;
RSA 2000
(e) grant an order in the nature of an injunction restraining the
supplier from engaging in the unfair practice;
(f) make any directions and gra nt any other relief the Court
considers proper.
(3) In determining whether to grant any relief under this section
and the nature and extent of the relief, the Court of King's Bench
must consider whether the consumer made a reasonable effort to
minimize any damage resulting from the unfair practice and to
resolve the dispute with the supplier before commencing the action
in the Court.
(4) The Court of King's Bench may award costs in accordance
with the Alberta Rules of Court.
RSA 2000 cF-2 s13;2005 c9 s8;2009 c53 s64;
AR 217/2022