What are the consequences of a dealership's failure to repair a defective vehicle?
Saskatchewan, Canada
The following excerpt is from Chrysler Financial Canada v. Morris, 2009 SKQB 510 (CanLII):
A very similar situation occurred in the case of Millar v. General Motors of Canada Ltd. [2002] O.J. No. 2769. In that case, the plaintiff leased a vehicle that had numerous defects. The lessee attempted to have the defects rectified, but such attempts were not successful. The lessee returned the vehicle and brought an action for damages. The Ontario Superior Court of Justice in that case found that the dealership had delivered a substandard vehicle and that the manufacturer had reneged on its warranty. The lessee was discharged of its obligations under the lease and entitled to damages arising from the breach of contract and warranty, both jointly and severally by the dealership and the manufacturer.
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