Court Decisions

Court Proceedings, Judgments and Court Orders — 2009

To protect confidential information, the Bureau does not reveal the names of the companies involved unless they were otherwise made public.

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Curry’s Art Store Limited

Date: 2009-03-31
Event: Registration of Consent Agreement
Court: Competition Tribunal
Court File Number: CT 2009-002
Parties: Curry’s Art Store Limited
Provisions: 74.01(1)(a), 74.01(2) and 74.01(3) of the Competition Act — False or misleading representations and the Ordinary Price provisions
Products: Art Supplies

Summary: The Commissioner of Competition registered a Consent Agreement with the Competition Tribunal requiring Curry’s Art Store Limited to refrain from making false or misleading representations with respect to the pricing of products sold in its stores.

A Competition Bureau investigation found that the nine-store chain may have misled consumers into believing they were receiving greater discounts than they actually were. Curry’s ticketed its items with a manufacturer’s suggested list price and a lower Curry’s price. However, the stores never sold the products at the suggested list price. Under the 10-year Consent Agreement, Curry’s has undertaken to ensure that all future price advertising complies with the misleading advertising and ordinary selling price provisions of the Competition Act. Curry’s agreed to display a corrective notice in its retail stores and on its Web site, to publish a corrective notice in two Toronto-based publications and a holiday gift guide, to develop and implement a corporate compliance program designed to ensure compliance with the Competition Act and to pay an administrative monetary penalty of $60,000.

Announcement: 2009-03-31 — Art Supplies Chain Resolves Competition Bureau Concerns Over Sale Prices

Court Documents: Consent Agreement

(3098242)

Bioenergy Wellness Inc., (Energyworks Wellness Centre) and Alan Gordon

Date: February 26, 2009
Event: Registration of Consent Agreement
Court: Competition Tribunal
Court File Number: CT 2009-001
Parties: Bioenergy Wellness Inc., carrying on business as Energyworks Wellness Centre, and its Director, Alan Gordon
Provisions: 74.01(1)(b) of the Competition Act — representations as to performance without adequate and proper test.
Products: Papimi, Magnapulse, and Infrared Sauna

Summary: The Commissioner of Competition registered a consent agreement with the Competition Tribunal which required Bioenergy Wellness Inc., carrying on business as Energyworks Wellness Centre, and its Director, Alan Gordon to stop making unsubstantiated claims regarding products used to treat or prevent cancer, to offer full refunds to customers, and to post a corrective notice on its company Web sites. This action was taken as part of the Bureau’s education and enforcement initiative, Project False Hope, which targets cancer-related health fraud online.

Announcement: 2009-02-19 — Competition Bureau Takes Action Against Unproven Cancer Treatment Sold Online

Court documents: Consent agreement available on the Competition Tribunal’s Web site

(3102842)