Duty of court to consider whether term of consumer contract unfair
136. (1) In proceedings before a court relating to a term of a consumer contract, the court shall determine whether the term is unfair irrespective of whether a party to the proceedings has raised that question or indicated an intention to raise it.
(2) Subsection (1) shall not apply unless the court considers that it has before it sufficient legal and factual material to enable it to determine whether the term is unfair.
