Can I dispute the terms of a standard form contract I signed in Ontario?

Standard form (or "click-wrap" / "sign here") contracts are common and generally enforceable in Ontario, even when the signing party has no real opportunity to negotiate. However, there are circumstances where courts will refuse to enforce particular terms or the entire agreement.

Ontario courts have set aside standard form provisions that are unconscionable — meaning one party was in a clearly stronger position and the term is so one-sided as to be oppressive. Courts also scrutinize exclusion clauses and limitation of liability provisions closely: the term must be clearly brought to the attention of the weaker party, and ambiguous language tends to be interpreted against the party who drafted the contract (the contra proferentem principle).

For consumer transactions, the Consumer Protection Act, 2002 provides additional protections. Certain provisions that purport to exclude rights granted by the Act are void regardless of what the contract says. Services and goods sold to consumers come with statutory warranties that cannot simply be contracted away.

If you believe a term in a standard form contract is unfair or unlawful, gather a copy of the full contract and any related communications before speaking with a lawyer about your options.