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
1086 posts
49 upvotes
Toronto
zentro wrote: 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).
Upvoted.

Interesting point. I found a similar thread back in 2016 on RFD where ALLCAPS held same stance over the definition of unsolicited goods and there was a debate. I’ll go over s. 13 that you provided to see whether he’s wrong about this.

To be safe, I think I’ll just call customer service to make a reasonable effort and if they don’t want it, I’ll just dump it. It’s taking up my condo space.
Deal Addict
Oct 13, 2014
2896 posts
2234 upvotes
Just Moved To Somewh…
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. In fact by not making an effort to try and contact the seller or buyer the OP could be charged with theft. I do not know of any case law that addresses this situation, nor am I inclined to research the issue. If the OP wishes to do so themselves feel free to conduct a search themself:

https://www.canlii.org/

Applicable Criminal Code Section 322:
https://www.canlii.org/en/ca/laws/stat/ ... n__1391628

322 (1) Every one commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to the use of another person, anything, whether animate or inanimate, with intent
(a) to deprive, temporarily or absolutely, the owner of it, or a person who has a special property or interest in it, of the thing or of his property or interest in it;
(b) to pledge it or deposit it as security;
(c) to part with it under a condition with respect to its return that the person who parts with it may be unable to perform; or
(d) to deal with it in such a manner that it cannot be restored in the condition in which it was at the time it was taken or converted.

Again it is a reach but the part I put in bold does address such a situation, however it is very unlikely a charge would be processed.
#1 - “Don’t irritate old people. The older they get, the less “Life in prison” is a deterrent."
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Deal Expert
Feb 7, 2017
27765 posts
27803 upvotes
Eastern Ontario
rcmpvet wrote: 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. In fact by not making an effort to try and contact the seller or buyer the OP could be charged with theft. I do not know of any case law that addresses this situation, nor am I inclined to research the issue. If the OP wishes to do so themselves feel free to conduct a search themself:

https://www.canlii.org/

Applicable Criminal Code Section 322:
https://www.canlii.org/en/ca/laws/stat/ ... n__1391628

322 (1) Every one commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to the use of another person, anything, whether animate or inanimate, with intent
(a) to deprive, temporarily or absolutely, the owner of it, or a person who has a special property or interest in it, of the thing or of his property or interest in it;
(b) to pledge it or deposit it as security;
(c) to part with it under a condition with respect to its return that the person who parts with it may be unable to perform; or
(d) to deal with it in such a manner that it cannot be restored in the condition in which it was at the time it was taken or converted.

Again it is a reach but the part I put in bold does address such a situation, however it is very unlikely a charge would be processed.
Amen.
Deal Addict
Jul 5, 2006
1086 posts
49 upvotes
Toronto
rcmpvet wrote: 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. In fact by not making an effort to try and contact the seller or buyer the OP could be charged with theft. I do not know of any case law that addresses this situation, nor am I inclined to research the issue. If the OP wishes to do so themselves feel free to conduct a search themself:
1. Please elaborate - 'clearly addressed to' whom since you can see it from my two sentense description
2. Read what I posted Consumer Protection Act 13(1)(2)(9)
3. '(i) goods that the recipient knows or ought to know are intended for another person'

Still, over the definition unsolicited goods.
Sr. Member
User avatar
Feb 28, 2012
653 posts
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BC
This thread is a bit insane! Look up how they define "Person" before you start defining "unsolicited goods". You will find you don't need to define any other word beyond person. Might help.. might make things worse Face With Stuck-out Tongue And Tightly-closed Eyes
Deal Addict
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Mar 29, 2008
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rcmpvet wrote: 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. In fact by not making an effort to try and contact the seller or buyer the OP could be charged with theft. I do not know of any case law that addresses this situation, nor am I inclined to research the issue. If the OP wishes to do so themselves feel free to conduct a search themself:

https://www.canlii.org/

Applicable Criminal Code Section 322:
https://www.canlii.org/en/ca/laws/stat/ ... n__1391628

322 (1) Every one commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to the use of another person, anything, whether animate or inanimate, with intent
(a) to deprive, temporarily or absolutely, the owner of it, or a person who has a special property or interest in it, of the thing or of his property or interest in it;
(b) to pledge it or deposit it as security;
(c) to part with it under a condition with respect to its return that the person who parts with it may be unable to perform; or
(d) to deal with it in such a manner that it cannot be restored in the condition in which it was at the time it was taken or converted.

Again it is a reach but the part I put in bold does address such a situation, however it is very unlikely a charge would be processed.
You’re not reading that section correctly. It’s fraudulently and w/o colour of right takes..., OR fraudulently and w/o colour of right converts... In other words, there must be fraud. Plus, colour of right is all about belief and is a pretty wish washy concept.

I kind of get what the OP is getting at. A couple of times we’ve had stuff delivered to our house in mistake - right address, wrong name so pretty difficult to find the actual orderer. We called the delivery company a few times, as well as the vendor and got nowhere - in fact, all we got was attitude. Finally we opened the box, saw it was just houseware type junk probably worth less than $100, and left it at the curb.

Having a bulky desk mistakenly delivered when you specifically tell the deliverer it’s a mistake would be pretty damn irritating as well.
Deal Addict
Oct 13, 2014
2896 posts
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Just Moved To Somewh…
ZoomZoom2006 wrote: 1. Please elaborate - 'clearly addressed to' whom since you can see it from my two sentense description
2. Read what I posted Consumer Protection Act 13(1)(2)(9)
3. '(i) goods that the recipient knows or ought to know are intended for another person'

Still, over the definition unsolicited goods.
1 - My fault for assuming, however now is the time for you to clarify the addressing of the item.
2 - I am aware of the CPA, however the CPA does expand on knowledge of recipient as you pointed out.
3 - Goes back to the addressing of the item in question, but it also relies on the recipient to "do the right thing".
#1 - “Don’t irritate old people. The older they get, the less “Life in prison” is a deterrent."
#2 - Are you a Sexual Intellect? /S - What you post in this thread may determine that.
Deal Addict
Jul 5, 2006
1086 posts
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Toronto
jb10071 wrote: This thread is a bit insane! Look up how they define "Person" before you start defining "unsolicited goods". You will find you don't need to define any other word beyond person. Might help.. might make things worse Face With Stuck-out Tongue And Tightly-closed Eyes
Go to college and take Common Law 101. You need to be a law abidding citizen before you describe yourself a person.
Deal Addict
Jul 5, 2006
1086 posts
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Toronto
rcmpvet wrote: 1 - My fault for assuming, however now is the time for you to clarify the addressing of the item.
2 - I am aware of the CPA, however the CPA does expand on knowledge of recipient as you pointed out.
3 - Goes back to the addressing of the item in question, but it also relies on the recipient to "do the right thing".
Apology accepted.

The item is addressed to me. It was NOT a mis-delivered item with correct address.
Deal Addict
Aug 10, 2013
2869 posts
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I cannot speak to the legalities of the situation but i can share some Unethical tips:

I get parcels sent to my house with a similar address but out of my driving capacity frequently. Being disabled, unless i ask a friend to drop it off which would be a favour and inconvenience, it is hard to get these redelivered. I will call the company and explain the situation. Usually they will require the order number and it is mine to keep. I do remind them its illegal to open any mail that isnt mine but a manager will say that "they" own the product until it is delivered and to go ahead and open it.

This year alone I have had over $500 worth of goods shipped to me in error.
Smash that like button!
Deal Expert
Feb 7, 2017
27765 posts
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Eastern Ontario
6mthatch wrote: I cannot speak to the legalities of the situation but i can share some Unethical tips:

I get parcels sent to my house with a similar address but out of my driving capacity frequently. Being disabled, unless i ask a friend to drop it off which would be a favour and inconvenience, it is hard to get these redelivered. I will call the company and explain the situation. Usually they will require the order number and it is mine to keep. I do remind them its illegal to open any mail that isnt mine but a manager will say that "they" own the product until it is delivered and to go ahead and open it.

This year alone I have had over $500 worth of goods shipped to me in error.
How is this unethical ?

You did THE RIGHT THING...
You contacted the company... and they gave you permission to open / keep the item
As they correctly stated IT WAS STILL THEIR ITEM / MISTAKE TO FIX

So you got to keep it... cause they GAVE IT TO YOU ... FREE & CLEAR by writing it off
And then no doubt sent out a second order / item to the correct address / person

Just good business sense
Sr. Member
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Apr 13, 2010
659 posts
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Napanee, ON
Have you contacted the company yet? Just call them and ask them what they want you to do with it.

If they routinely ship by courier, they'll probably just send you a courier label and arrange with the courier to pick it up. Maybe they'll even give you a discount on your next purchase for being honest. *shrugs*

Just call them.
Gabe of Gabe's Hacks
Deal Addict
Aug 10, 2013
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cybersaga wrote: Have you contacted the company yet? Just call them and ask them what they want you to do with it.

If they routinely ship by courier, they'll probably just send you a courier label and arrange with the courier to pick it up. Maybe they'll even give you a discount on your next purchase for being honest. *shrugs*

Just call them.
Its happened multiple times now from UPS.... Likely the same household sadly. The difference would be like baylake or bayside rd. Even if able to, how many times are you going to deliver someones parcels to them. If i didn't drive it would mean I would have to take the bus there.
Smash that like button!
Deal Addict
Jul 5, 2006
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Toronto
cybersaga wrote: Have you contacted the company yet? Just call them and ask them what they want you to do with it.
This is defintely something I'll do during lunch.

However, to what extend. One call or ten calls or the recipients ought to exhaust every effort to send it back to the shipper. This is more of a legal question that a lot of us will encounter tomorrow, if not today, given millions of parcels are flying around every week due to eCommerce.
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Apr 13, 2010
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6mthatch wrote: Its happened multiple times now from UPS.... Likely the same household sadly. The difference would be like baylake or bayside rd. Even if able to, how many times are you going to deliver someones parcels to them. If i didn't drive it would mean I would have to take the bus there.
That's not the same as what's going on here. OP said that it was addressed and delivered correctly, it's just not something that was ordered. (i.e. it's the store's fault, not the courier)
Gabe of Gabe's Hacks
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Apr 13, 2010
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ZoomZoom2006 wrote: However, to what extend. One call or ten calls or the recipients ought to exhaust every effort to send it back to the shipper. This is more of a legal question that a lot of us will encounter tomorrow, if not today, given millions of parcels are flying around every week due to eCommerce.
Personally, I would only try once. This is a pretty simple thing to fix. If they don't move on it after one call, then they don't want it back.

If you don't get the impression that they're going to do anything with it after that call, maybe follow it up with an email that can stay in your Sent Items for future reference.

The point is to make it clear that they sent you something you didn't order and they're free to have it back, but otherwise you'll keep it, but you have no intention of paying for it.
Gabe of Gabe's Hacks
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Dec 25, 2012
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I tried to find more information on legality of packages by mistake, and honestly it is a legal gray area. This entire discussion is mostly pointless, because nobody knows for sure. Technically a company could attempt to recover something, but it would be very difficult if near impossible and will involve them going through an expensive legal process. Maybe if they sent you some diamonds or a pound of gold that would happen.

The moral thing to do, and what I think you should do is contact them once and tell them they sent you the wrong package. If they agree to have someone pick it up within a reasonable time frame at no expense or significant effort to you then that's the end of that.

Anyways I found something interesting here: https://www.rather-be-shopping.com/blog ... dnt-order/

Basically tons of people get wrong packages from Amazon and just about every time they are told to keep it, kind of interesting that Amazon doesn't even bother to recover anything.
Deal Guru
Jul 19, 2012
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Montreal
zentro wrote: Basically tons of people get wrong packages from Amazon and just about every time they are told to keep it, kind of interesting that Amazon doesn't even bother to recover anything.
I once got a pile of duplicate books I didn't order in a shipment from Amazon, so I called them up and they said "don't worry about it". I pressed and was again told "seriously, just keep them and give to someone", and when I told him I wasn't comfortable with that, he sent me a return label that I sent the books back in. A week later, I get a full refund for the order and when I called, the CST laughed and said there was nothing he could do about it as their system shows the books as returned, so I felt even worse. Disappointed But Relieved Face

Just do the right thing and advise the company, but don't go overboard.
Deal Guru
Jul 19, 2012
14763 posts
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Montreal
ZoomZoom2006 wrote: However, to what extend. One call or ten calls or the recipients ought to exhaust every effort to send it back to the shipper.
Agreed, just remember that you are also not to incur any hardship from their mistake and the old "Do you mind driving it across town to our warehouse?" or "Can you ship it to [original recipient] via Canada Post" is a big no-no, as it's always the company's responsibility to correct their errors and you want a smooth, signed handoff to prevent any future issues.

And yes, I had that happen with a small courier company misdelivering an item and then asking me to drive it to the recipient 20 miles away. :facepalm:
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Jan 3, 2014
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zentro wrote: Where are you getting this information from?
Most consumer protection acts have this. In some cases you have to look at the definitions. I recall last time this was a discussion I provided one or more examples.
What laws says you must store a product that was sent to you by mistake?
Nothing says you have to store something sent to you by mistake. However, you are (depending on jurisdiction) required to make a reasonable effort to minimise losses, and if you're required to help facilitate the return of merchandise, by extension it's expected you'll keep it safe from harm in the meantime.
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?
You can do your research. As I've already written, it's different between jurisdictions, and I've seen things go both ways in mine. Personally I'd rather avoid having the police at my door and having to pay for lawyers to help determine if I'm right or wrong in my "I didn't order it, so I can keep it..." mindset.
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.
Exactly. I've had I think just one item where I was asked to return it, and as soon as I said "it's too big, I'm not gonna lug it to the post office..." they arranged for a pickup. Other times I was told to keep it.

(Edit: Corrected a typo)
Proud RFD member since January 31, 2007. Feel free to add 3,034 to my post count.

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