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The general impression test

When deciding whether a representation is false or misleading, a court is required to take into account the general impression conveyed by the representation, in addition to its literal meaning. This is known as the “general impression test.” The following are examples of messages that are likely to create a false or misleading impression, thus failing the test:

General impression test that applies to the criminal and civil provisions of the Competition Act
Section, subsection/paragraph Provisions
Section 52 and paragraph 74.01(1)(a) False or misleading representations
Sections 52.01 and 74.011 False or misleading representations in sender information, subject matter information, electronic messages and in locators
Section 52.1 Deceptive telemarketing
Paragraph 74.01(1)(b) Performance claims not based on an adequate and proper test
Paragraph 74.01(1)(c) Warranties and guarantees
Subsections 74.01(2) and 74.01(3) Ordinary selling price
Section 74.02 Use of tests and testimonials
Section 53 Deceptive notices of winning a prize

Further reading

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