Part 14 — Remedies and Enforcement
142 Dispute Resolution Dispute resolution
dispute respecting a matter under this Act with information on
dispute resolution processes, such as arbitration and mediation, and
may establish dispute resolution processes that the parties to the
dispute may choose to use.
1998 cF-1.05 s142
Court Action by Consumer
Court action by consumer re contravention,
failure to comply
142.1(1) When a consumer
(a) has entered into a consumer transaction, and
(b) in respect of that consumer transaction, has suffered dama ge
or loss due to a contravention of, or failure to comply with,
this Act or the regulations,
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 contravention or failure to
comply that caused that damage or loss.
(2) In an action under this section, the Court of King's Bench may
(a) award damages for damage or loss suffered,
(b) award punitive or exemplary damages,
(c) make an order for
(i) specific performance of the consumer transaction,
(ii) restitution of property or funds, or
(iii) rescission of the consumer transaction,
(d) grant an order in the nature of an injunction restraining the
supplier from contravening or failing to comply with this
Act or the regulations, or
(e) make any directions and grant any other relief the Court
considers proper.
(3) In determining whether to grant any relief under this section by
a regulation and the nature and extent of the relief, the Court of
RSA 2000
King's Bench must consider whether the consumer made a
reasonable effort to minimize any damage resulting from the
contravention or failure to comply and to resolve the dispute with
the supplier before commencing the action in the Court.
(4) In an action under this section, the Court of King's Bench may
award costs in accordance with the Alberta Rules of Court.
2017 c18 s1(18);AR 217/2022