[PASO]

Is there any such thing as a 72 hour escape clause law on general contracts in Ontario, Canada for selling or purchasing an item. Not real estate related?

[excon]

Hello Paso:

I don't know about the great white north... But, if it was designed similarly to the right to rescind a contract law in the US, then the answer is NO.

Our law was written to protect citizens from high pressure DOOR TO DOOR salesman. Therefore, the sale had to occur in the persons HOME.

Other than that, even in the US, there isn't an escape clause such as you refer. I highly doubt Canada has one. Otherwise commerce would stop, wouldn't it?

excon

[PASO]

Is there any such thing as a 72 hour escape clause law on general contracts in Ontario, Canada for selling or purchasing an item. Not real estate related?

Please check you response again it sounds like you are say no but then there is something to protect against hi pressure sales.


This contract was by an indiviual to a charity where she gave them two parrots and a verbal promise that he would not divulge the details of where they originatd. The next day the charity attacked her and divulged all information to the public. She immediately asked for their return and was refused.

[excon]

Hello again, Paso:

That's NOT the same thing. The charity VIOLATED the contract, so the indivudial is entitled to her items back for THAT reason, and that reason only. She should write the charity a letter demanding her items back, and exactly WHY. The letter should be sent certified, return receipt requested.

If she doesn't get them, she should sue for their value in small claims court.

excon

[PASO]

Hello again, Paso:

That's NOT the same thing. The charity VIOLATED the contract, so the indivudial is entitled to her items back for THAT reason, and that reason only. She should write the charity a letter demanding her items back, and exactly WHY. The letter should be sent certified, return receipt requested.

If she doesn't get them, she should sue for their value in small claims court.

excon

Thanks for your response. It will help. We are already suing but he is claiming that his contract supercedes anything else. That part of their agreement was only verbal so is not on paper.

[Fr_Chuck]

Well the written contract will take over ride any verbal agreements, so if they said they would not give out any info, that had to be in the written contract. Also was this sale in their home, or in a store or over the internet?

[PASO]

Well the written contract will take over ride any verbal agreements, so if they said they would not give out any info, that had to be in the written contract. Also was this sale in thier home, or in a store or over the internet ??

The sale was in her home. I know it is treated as a sale even though no money exchanged hands as they were donate/given free of charge

[excon]

Hello again:

If the sale/donation happen in her HOME, then she has a shot at having it resinded. However, like I said, I don't know if Canada has one of those laws. I hope, for her sake, they do.

Maybe one of our Canadian friends will come along.

excon

[PASO]

Hello again:

If the sale/donation happen in her HOME, then she has a shot at having it resinded. However, like I said, I don't know if Canada has one of those laws. I hope, for her sake, they do.

Maybe one of our Canadian friends will come along.

excon

Thanks I really appreciate it. It is quite a nasty situation and we are now looking how to defend the claim. It would be nice to settle out of court but doesn't look like this guy will as he was just given $6000 worth of birds for free! He agreed to everything she said just to get them.

[CaptainForest]

So let me see if I understand this correctly.

A man representing a charity comes to your friends house. Your friend donates 2 parrots to the charity, in exchange that the man not disclose the location of where the 2 parrots were donated from?

Why would you friend even want a clause like that?

Anyway, moving on.

What does the CONTRACT say. Usually, there is a clause that states that the contract is the entirety of the agreement and no verbal representations will be held to account.

So basically, read the contract. If such a clause is in it, then whatever verbal promises were made, are pretty much worthless.

And even if no such clause exists, the man representing the charity could always like about the verbal promise. I personally don't understand why someone would want the location of the parrots a secret, so a Judge might side with the charity man unless your friend can explain it to the Judge satisfactory.

Either way though, good luck.

[PASO]

So let me see if I understand this correctly.

A man representing a charity comes to your friends house. Your friend donates 2 parrots to the charity, in exchange that the man not disclose the location of where the 2 parrots were donated from?

Why would you friend even want a clause like that?

Anyways, moving on.

What does the CONTRACT say. Usually, there is a clause that states that the contract is the entirety of the agreement and no verbal representations will be held to account.

So basically, read the contract. If such a clause is in it, then whatever verbal promises were made, are pretty much worthless.

And even if no such clause exists, the man representing the charity could always like about the verbal promise. I personally don't understand why someone would want the location of the parrots a secret, so a Judge might side with the charity man unless your friend can explain it to the Judge satisfactory.

Either way though, good luck.

There are a lot of reasons they wouldn't want that information out as it is private. The charity is an animal rescue and violated her privacy. The contract states that she is relinquishing the birds to insert organization here and she he not future rights to them.

He had no right stating where they came from. The SPCA would not say we have a dog and it came from so and so. They just adopt it out.

[JudyKayTee]

There are a lot of reasons why they wouldn't want that information out as it is private. The charity is an animal rescue and violated her privacy. The contract states that she is relinquishing the birds to insert organization here and she he not future rights to them.

He had no right stating where they came from. The SPCA would not say we have a dog and it came from so and so. They just adopt it out.

Now I'm confused (once again) - was the person FORCED to surrender the birds or were they a GIFT to some charity - ? Is this a donor contract or a surrender contract - ?

If you surrender an animal - at least in my area - the info is confidential unless there's a problem (such as a dog bite and you need to find out if there's a prior bite).

If the animal is SEIZED there is no such confidentiality. I have a SEIZED dog and know all about where/who/when she came into the rescue's custody and also have a copy of the SEIZURE papers.

I have seen people surrender animals and then get criminally charged with neglect - after they thought that the surrender would stop any criminal charges.

Can you explain this situation a little more?

[PASO]

Now I'm confused (once again) - was the person FORCED to surrender the birds or were they a GIFT to some charity - ? Is this a donor contract or a surrender contract - ?

If you surrender an animal - at least in my area - the info is confidential unless there's a problem (such as a dog bite and you need to find out if there's a prior bite).

If the animal is SEIZED there is no such confidentiality. I have a SEIZED dog and know all about where/who/when she came into the rescue's custody and also have a copy of the SEIZURE papers.

I have seen people surrender animals and then get criminally charged with neglect - after they thought that the surrender would stop any criminal charges.

Can you explain this situation a little more?

This was a surrender as she couldn't care for them any longer. Nothing more. Yes there was a surrender contract signed. No neglect or abuse.

[JudyKayTee]

This was a surrender as she couldn't care for them any longer. Nothing more. Yes there was a surrender contract signed. No neglect or abuse.

Hmm - then I wonder why the rescue publicized the info. Of course, you wonder, too.

This kind of violation of trust makes people very reluctant to surrender and animals end up getting dumped instead.

Sounds like the owner made the right choice and got dumped on.

[PASO]

Hmm - then I wonder why the rescue publicized the info. Of course, you wonder, too.

This kind of violation of trust makes people very reluctant to surrender and animals end up getting dumped instead.

Sounds like the owner made the right choice and got dumped on.

Well my question is, is there a law that allows someone to change their mind like 72 hour law or something along that line that will help her to get the birds back.

The owner of this particular rescue is a vindictive type and from what I have heard mentally unstable and really shouldn't be running a rescue in the first place. Its poor unsusptecting people like her that get caught up with this guy then run into troubles.

[JudyKayTee]

Well my question is, is there a law that allows someone to change their mind like 72 hour law or something along that line that will help her to get the birds back.

The owner of this particular rescue is a vindictive type and from what I have heard mentally unstable and really shouldn't be running a rescue in the first place. Its poor unsusptecting people like her that get caught up with this guy then run into troubles.

Not in the standard rescue contract - or at least every contract I've ever seen. I worked with a German Shepherd Rescue and once the owner signed the surrender contract there was no going back. I'm sure you know the reasons - It kept people from using "us" as glorified pet sitters and it kept the dog from being shuffled from here to there - there were waiting lists and the dogs were very often placed immediately. No one wanted to chance an owner changing his/her mind.

This also wasn't a sale so I don't think a 72-hour rule - which I cannot locate, by the way, in Ontario - would change anything.

Have you asked any other rescue groups what their policy and understanding are - ? Everybody is volunteering out of love for animals and they might very well be very helpful.

(This is a legal board and I'm the first to jump on people who give non-legal advice but I commend you for your work - looked at your website. The homeless animal situation is only going to get worse with the current economy. Sad business. I simply couldn't do "it" any more - came home upset all the time.)

[PASO]

I did find out that giving someone for free by contract is treated the same as a sale by law. I also operate a rescue and if the animal was still available I wouldnt' think twice about giving it back to the owner as long as there was no abuse!

Our rescue operates that we will ldo anything we can to help the owners keep their animals before placing them up for adoption. We do everything from behaviour assistance to foster care to help if need be.