Quote:
Originally Posted by llwhiteoutll
Do you have any of the case name so I could look them up? It would probably be interesting reading. There have been a few higher profile Alberta "lemon" cases on social media and it seems like there is a lot of power in the dealer's hands.
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The principle comes from a British case called
Crowther v. Shannon Motors, [1975] All ER 139. There have been a bunch of Canadian cases in various factual situations, for example
Paskiman v. Meadow Ford Sales Ltd., [1983] SJ No 133 (Sask. Q.B.) or
Green v Holiday Chevrolet Oldsmobile Ltd (1975), 55 DLR (3d) 637 (Man CA), or
Neilsen v. Maclin Motors Ltd. (1976) 71 D.L.R. (3d) 744. There are dozens.
That isn't to say he would win his lawsuit, because there are cases that go the other way, too, and almost all of them are very fact-specific. No one is going to provide him legal advice on his specific case via an internet forum, least of all me. But to suggest that you have to show that the dealer had pre-existing knowledge of defects is not consistent with the law or the Sale of Goods Act. A misrepresentation doesn't have to be fraudulent or even negligent to result in a rescission. So you guys need to be far less certain that you know how this will all turn out unless you have a really good reason for it.