Boudreau v. Dooley

Boudreau v. Dooley

Adjudicator found the sale was not "as is" because Form 20 was not correctly completed, the inspection sticker was not removed and the seller's evidence was contradictory and misleading; therefore implied warranties under the Consumer Protection Act applied, the vehicle was not of merchantable quality nor durable for a reasonable period, and the seller was liable for reasonable costs to make the vehicle roadworthy.

Citation
2009 NSSM 64
Parties
Claimant: Devon Boudreau; Defendant: Tim Dooley
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
23 October 2009
Procedural Posture
Small Claims Court / Decision
Outcome
Judgment for Claimant. Defendant ordered to pay damages of $1,648.00 and costs of $193.06.
Legal Topics
Merchantable Quality, Durability of Goods, As Is Sale, Statutory Implied Warranties, Misrepresentation, Form 20 / Safety Inspection, Caveat Emptor, Damages for Repairs
Source Language
English
Consumer Protection Sale of Goods Contract Law Motor Vehicle Regulation Small Claims Procedure Merchantable Quality Durability of Goods As Is Sale +5 more

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Parties

Devon Boudreau

Claimant

Tim Dooley

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether the vehicle sale was an "as is" transaction
  2. 2 Whether implied warranties under the Consumer Protection Act s.26(3)(h) and (j) applied
  3. 3 Whether the seller had knowledge or misled the buyer regarding vehicle condition

Ratio Decidendi

Adjudicator found the sale was not "as is" because Form 20 was not correctly completed, the inspection sticker was not removed and the seller's evidence was contradictory and misleading; therefore implied warranties under the Consumer Protection Act applied, the vehicle was not of merchantable quality nor durable for a reasonable period, and the seller was liable for reasonable costs to make the vehicle roadworthy.

Court Disposition

Judgment for Claimant. Defendant ordered to pay damages of $1,648.00 and costs of $193.06.

Orders

  • Defendant Tim Dooley shall pay claimant Devon Boudreau $1,648.00 for damages to make the vehicle roadworthy.
  • Defendant Tim Dooley shall pay claimant Devon Boudreau costs in the amount of $193.06 (filing fee and travel).