RICHARD C TIME INC : A LA RECHERCHE DE LA DEFINITION DU « CONSOMMATEUR MOYEN »!

Abstract

The practice of luring consumers with questionable sweepstakes contests will hit significant roadblocks following the Supreme Court of Canada’s decision in Richard v Time Inc. In this instance, the Court upheld the arguments of a consumer who believed he had won an $800,000 jackpot following receipt of a deceptive advertisement, that the reference test should be measured against the average consumer, that is, a gullible and inexperienced person. While we support the Court’s decision, which will set guidelines for this type of contest, this case comment challenges the concept of “the average consumer” as suggested by the Court.