Inaccurate legal information - “Under the Act, if there is a successful prosecution of a seller..."

This statement is incorrect:

“Under the Act, if there is a successful prosecution of a seller, any consumer affected by the seller’s conduct may have a civil remedy against the seller for any losses suffered (see section 36).”

IF introduces a condition. This literally says that a “successful prosecution of a seller” is a precondition to seek a civil remedy by a consumer. This is false and the interpretation of the Act provided here is wrong. No such precondition exists and a successful prosecution is not a requirement to be met before an action can be initiated by a consumer. Where exactly in the Act did you read this?

What section 36 says is that ANY CONSUMER affected by a seller’s conduct may sue for damages in any court of competent jurisdiction. The consumer does NOT need to prove a prosecution has occurred or that it has been successful. The consumer civil action is independent from the criminal action from the Competition Bureau.

All the consumer needs to prove is that “conduct contrary to any provision of Part VI of the Act” has occurred to have a cause of action. The consumer cannot prosecute the criminal action, but it can certainly seek civil redress. It needs not necessarily have been affected by it.

Any evidence of prior proceedings (if they exist) CAN be used as evidence in the civil lawsuit by the consumer and evidence to prove the claim.

The preservation of the consumer’s right to a civil action is explicitly contemplated on Part VI, Section 62:

Civil rights not affected 62 Except as otherwise provided in this Part, nothing in this Part shall be construed as depriving any person of any civil right of action.

A court proceeding in which one party sues another for a specific remedy or relief, also called a "lawsuit" or a "case." An action for divorce, for example, is a court proceeding in which the claimant sues the respondent for the relief of a divorce order.

An award of money payable by one party to a court proceeding to another, usually as compensation for loss or harm suffered as a result of the other party’s actions or omissions. In family law, damages are usually awarded to one party in compensation for breach of contract or spousal abuse. See "breach of contract" and "tort."

In law, having the capacity, ability, or authorization to do a thing. A person who is competent to give evidence is sane and able to understand the issues and results of their evidence. A court that is competent has the authority to deal with the issues in a case and authority over the parties to that case.

With respect to courts, (1) the authority of the court to hear an action and make orders, (2) the limits of the authority of a particular judicial official, (3) the geographic location of a court, or (4) the territorial limits of a court's authority. With respect to governments, (5) the authority of a government to make legislation as determined by the constitution, or (6) the limits of authority of a particular government agency. See “constitution."

A court proceeding other than a criminal court proceeding. All family law court proceedings are civil actions.

The behaviour of a person that gives rise to a claim for relief. For example, a spouse's adultery might give rise to the other spouse's right to claim a divorce. The adulterous act is the cause of action for the divorce claim.

Facts, or proof tending to support the existence of facts, presented to a judge at a hearing or trial. Evidence can be given through the oral testimony of witnesses, in writing as business records and other documents, or in the form of physical objects. Evidence must be admissible according to the rules of court and the rules of evidence. See "circumstantial evidence," "hearsay" and "testimony."

(1) The assertion of a legal right to an order or to a thing; (2) the remedy or relief sought by a party to a court proceeding.

A right to claim relief resulting from a person's actions or lack of action, also called a "cause of action." For example, a spouse's adultery may give rise to a right of action allowing the other spouse to sue for a divorce order.