Shopping Discussion

Is it a legal right to keep an item sent from an online store by mistake that you did not order and pay for in Canada?

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  • Dec 8th, 2020 2:28 pm
Deal Addict
Jul 5, 2006
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Toronto

Is it a legal right to keep an item sent from an online store by mistake that you did not order and pay for in Canada?

I wanted to make it clear it is a legal right according to federal law in the States

My question is what about this in Canada? Do I have to try eveything to send it back at my expenses.

It started this morning I received one desk I did not order, together with some other furniture that I ordered and the delivery guy did not want to move it back to the truck when I told him it was sent by mistake. Do I get to take it as a free gift or keep calling customer service tomorrow?

ALLCAPS

'Unsolicited merchandise is - in most jurisdictions - yours to keep, subject to certain requirements...Items sent by mistake to your address are not considered as unsolicited goods in most jurisdictions...you are required to make reasonable and good faith attempts to return the item that was mistakenly sent to you. You're certainly not expected to send the merchandise back at your expense.'

Zentro

' (to ALLCAPS) I agree what you have written is common sense type of stuff and should be followed if you are a moral person, but I highly doubt it is law? ...Unsolicited goods or services: relief from legal obligations. 13 (1) Except as provided in this section, a recipient of unsolicited goods or services has no legal obligation in respect of their use or disposal. 2002, c. 30, Sched. A, s. 13 (1). No payment for unsolicited goods or services. (2) No supplier shall demand payment or make any representation that suggests that a consumer is required to make payment in respect of any unsolicited goods or services despite their use, receipt, misuse, loss, damage or theft. 2002, c. 30, Sched. A, s. 13 (2).'

Consumer Ptotection Act, 2018

Following Zentro's comment, I found this.
https://www.ontario.ca/laws/statute/02c30#BK14

13 (9) In this section,

“unsolicited goods or services” means,

(a) goods that are supplied to a consumer who did not request them but does not include,

(i) goods that the recipient knows or ought to know are intended for another person,

(ii) a change to periodically supplied goods, if the change in goods is not a material change, or

(iii) goods supplied under a written future performance agreement that provides for the periodic supply of goods to the recipient without further solicitation, or

rcmpvet

'From a strictly legal stand point and assuming the OP is referring to an item that was clearly addressed to someone else but delivered to his residence it would not be unsolicited goods...I do not know of any case law that addresses this situation, nor am I inclined to research the issue. '



Let's keep this discussion going.

There was a huge debate all over Internet and news outlets 8-10 years ago in the States but got sorted out eventually.
Last edited by Redmask on Oct 2nd, 2018 9:18 am, edited 9 times in total.
Reason: Don't start your post off by calling people who disagree "losers"
41 replies
Deal Expert
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Jan 27, 2004
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IF you want to steal it just steal it. Steal it and don't tell anyone about it.
No need to look to the internet to justify your stealing.
Most likely no one will notice. MAybe worst worst case scenario is some bizzaro power trip scenario you might get charged for mail fraud or some sort of theft. But thats probably a stretch.

Okie... Maybe you don't want to steal. But just don't want to be bothered. Then just keep it and hope for the best...
Or do the right thing and give it back.

The choice is yours.
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Dec 16, 2015
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ZoomZoom2006 wrote: It is a legal right according to federal law in the States. What about in Canada? I received one desk I did not order together with some other furniture and delivery guy did not want to move it back to the truck. Do I get to keep it as a free gift or keep calling customer service tomorrow?
You might get deported or sent to labour camp
To the moon
Deal Expert
Feb 7, 2017
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ZoomZoom2006 wrote: steal, seriously?
Well... technically, stealing is to take possession of something that is not rightfully yours
Or in this scenario... did not pay for

But hey, it’s your conscience that will no doubt make the call on what to do next
.
.
.

EDIT / ADD - I personally would definitely call the Co to find out what my next move should be
If they plan to let you keep it / write it off... they will tell you
Last edited by PointsHubby on Oct 1st, 2018 8:04 pm, edited 4 times in total.
Deal Addict
Apr 28, 2017
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OPs post : "Is it legal for me to steal something?"

lol
Deal Addict
Jul 5, 2006
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Toronto
User381785 wrote: OPs post : "Is it legal for me to steal something?"

lol

Since when legal & steal go together?
Deal Addict
Jul 5, 2006
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PointsHubby wrote: Well... technically, stealing is to take possession of something that is not rightfully yours
Or in this scenario... did not pay for

But hey, it’s your conscience that will no doubt make the call on what to do next
.
.
.

EDIT / ADD - I personally would definitely call the Co to find out what my next move should be
If they plan to let you keep it / write it off... they will tell you

Technically, is not stealing illegal? Enlighten me.
Deal Expert
Feb 7, 2017
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ZoomZoom2006 wrote: Technically, is not stealing illegal? Enlighten me.
Well... technically your grammar negative makes no sense
“Is not stealing illegal ? “
The direct opposite would therefore be ... stealing is legal

Ya no.
Deal Addict
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PointsHubby wrote: Well... technically your grammar negative makes no sense
“Is not stealing illegal ? “
The direct opposite would therefore be ... stealing is legal

Ya no.
Blame Apple but you know what I was saying.
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Jan 3, 2014
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My question is what about this in Canada? Do I have to try eveything to send it back at my expenses.
There's a big difference between unsolicited merchandise (i.e. stuff sent to and addressed to you that you didn't order), and items delivered to your address by mistake, that you did, or ought to have known, was intended for someone else. Of course, it's subject to your specific jurisdiction, as it is in the USA.

Unsolicited merchandise is - in most jurisdictions - yours to keep, subject to certain requirements.

Items sent by mistake to your address (including duplicates of something you did order, or in cases where you ordered something then cancelled it but it was sent anyway, as examples) are not considered as unsolicited goods in most jurisdictions, and therefore you have certain obligations.

In the most basic terms, you are required to make reasonable and good faith attempts to return the item that was mistakenly sent to you. You're certainly not expected to send the merchandise back at your expense. A reasonable and good faith effort would be to contact the vendor through one of their regularly staffed contact points. Whether it's sending them a message through their Facebook or Twitter addresses, to their published contact Email address or to their phone number (and no, I don't just mean dial their number, let it ring two times then hang up).

Once you've contacted them to let them know of their error (a very simple task, as you can see, since there are multiple ways to contact a company these days), reasonable efforts must be made to return the item. If it's a small item, dropping it off at a letter box or post office, or nearby courier drop-off point would fall into this category. In this case, furniture obviously would be a little more difficult, so they would have to arrange for a pickup, and your obligation is to simply make reasonable efforts to allow this to be done. For example, if you work M-F 9-5 and you're usually out 7-6 because of your commute, it's not reasonable for them to expect you to take time off work, just so they can correct their mistake. However, if they were able to come by later in the evenings when you'd normally be home, then it's reasonable to work with the courier company to find a mutually acceptable time for a pick up.

Now...assuming you did all that...you contacted the company (I would personally do it in writing these days, so I have a record of what I told them, and their responses) and made good faith efforts to allow them to collect the item, and they STILL didn't get the item (perhaps because using the earlier example, they would only arrange for a courier to collect the item some time between 9-5 M-F), or they expected you to return the item at your own expense (something I consider highly unlikely in this specific case), then you may have grounds to be able to keep the item.

However, most likely they would bill you for the item (since they know where you live, assuming the delivery driver kept good records), and in this case (also based on your OP), it would be your responsibility to show that you made a reasonable and good faith effort to work with them to correct the mistake.

Based on the description you provided in your OP, this does not appear to be unsolicited merchandise.
Last edited by Redmask on Oct 2nd, 2018 9:18 am, edited 1 time in total.
Reason: Removed nested quote
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Another defective personality. Don't worry, there will be some like-minded bums that will come out of the woodwork to defend you somehow.
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Dec 25, 2012
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ALLCAPS wrote: Uh-huh.
Where are you getting this information from?

What laws says you must store a product that was sent to you by mistake?

I agree what you have written is common sense type of stuff and should be followed if you are a moral person, but I highly doubt it is law? Any example of any court cases?

From my experience companies don't seem to care, I've tried to return mistake packages and was told to keep or dispose it. It was mostly junk so, maybe it's different for more expensive products.

----

For Ontario this is all I can find:

Unsolicited goods or services: relief from legal obligations

13 (1) Except as provided in this section, a recipient of unsolicited goods or services has no legal obligation in respect of their use or disposal. 2002, c. 30, Sched. A, s. 13 (1).


No payment for unsolicited goods or services
(2) No supplier shall demand payment or make any representation that suggests that a consumer is required to make payment in respect of any unsolicited goods or services despite their use, receipt, misuse, loss, damage or theft. 2002, c. 30, Sched. A, s. 13 (2).
Deal Fanatic
Nov 22, 2015
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ZoomZoom2006 wrote: I wanted to make it clear it is a legal right according to federal law in the States, in case some losers called it stealing.
Clearly false lol
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Jul 5, 2006
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superfresh89 wrote: Clearly false lol
I’ve just moved back from the States. I suggest you go to college and get some lessons.
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ZoomZoom2006 wrote: I’ve just moved back from the States. I suggest you go to college and get some lessons.
Well you had the wrong idea the whole time... unless you mean to say that stealing is legal in the USA
Last edited by KanataKG on Oct 2nd, 2018 8:06 am, edited 1 time in total.
Deal Addict
Jul 5, 2006
1086 posts
49 upvotes
Toronto
ALLCAPS wrote: Uh-huh.
There's a big difference between unsolicited merchandise (i.e. stuff sent to and addressed to you that you didn't order), and items delivered to your address by mistake, that you did, or ought to have known, was intended for someone else. Of course, it's subject to your specific jurisdiction, as it is in the USA.

Unsolicited merchandise is - in most jurisdictions - yours to keep, subject to certain requirements.

Items sent by mistake to your address (including duplicates of something you did order, or in cases where you ordered something then cancelled it but it was sent anyway, as examples) are not considered as unsolicited goods in most jurisdictions, and therefore you have certain obligations.

In the most basic terms, you are required to make reasonable and good faith attempts to return the item that was mistakenly sent to you. You're certainly not expected to send the merchandise back at your expense. A reasonable and good faith effort would be to contact the vendor through one of their regularly staffed contact points. Whether it's sending them a message through their Facebook or Twitter addresses, to their published contact Email address or to their phone number (and no, I don't just mean dial their number, let it ring two times then hang up).

Once you've contacted them to let them know of their error (a very simple task, as you can see, since there are multiple ways to contact a company these days), reasonable efforts must be made to return the item. If it's a small item, dropping it off at a letter box or post office, or nearby courier drop-off point would fall into this category. In this case, furniture obviously would be a little more difficult, so they would have to arrange for a pickup, and your obligation is to simply make reasonable efforts to allow this to be done. For example, if you work M-F 9-5 and you're usually out 7-6 because of your commute, it's not reasonable for them to expect you to take time off work, just so they can correct their mistake. However, if they were able to come by later in the evenings when you'd normally be home, then it's reasonable to work with the courier company to find a mutually acceptable time for a pick up.

Now...assuming you did all that...you contacted the company (I would personally do it in writing these days, so I have a record of what I told them, and their responses) and made good faith efforts to allow them to collect the item, and they STILL didn't get the item (perhaps because using the earlier example, they would only arrange for a courier to collect the item some time between 9-5 M-F), or they expected you to return the item at your own expense (something I consider highly unlikely in this specific case), then you may have grounds to be able to keep the item.

However, most likely they would bill you for the item (since they know where you live, assuming the delivery driver kept good records), and in this case (also based on your OP), it would be your responsibility to show that you made a reasonable and good faith effort to work with them to correct the mistake.

Based on the description you provided in your OP, this does not appear to be unsolicited merchandise.
Good point.

Finally someone trying to see this from a legal perspective. Upvoted.
Deal Addict
Jul 5, 2006
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Well you had the wrong idea the whole time... unless you mean to say that stealing is legal.
You are welcome to find a single case similar to what I described in United States that receipient was deemed at fault. What’s happening in Canada? People don’t go to college these days?
Last edited by ZoomZoom2006 on Oct 2nd, 2018 8:18 am, edited 1 time in total.

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