chad86

yah it has been a nightmear, the courthouse is soo backed up in kelowna.. I tried to file a garnishing order againt canadian tire because they did not reply after they were served.. And we have had like 4 settlement conferences and nothing has happened... My court date is in Feb so hopefully this will be the end..

Keep posting what you guys think the mechanics sould have done...

chad86

BUMP.... Please help by stating what the mechanic should have done when scanned misfire on all cyliners... All help is appreciated

RedY2KS2k

If you're going to court, statements from people on the Internet, with unknown qualifications, won't mean squat. You need a paid expert, preferably local to you.

zeroptzero

you know at the end of the day it's still a crapshoot as the judge who shows up will make up their mind within the first minute of sitting down in the courtroom. Small claims is often referred to as the wild west of the legal system, he, he, he. But IMO you are taking the right approach on this, congrats on you having the balls to pursue this. Most of the time the small guy has the edge on the big guy, if you know what I mean with the sympathy factor. Too bad I live too far away from you or I'd show up and assist you pro-bono.

Personally I would never have driven the car off the lot with a CEL, and I can't imagine the dealer selling a car to a customer with a CEL, that is totally mindblowing. At the least they could have just erased the CEL and the customer would never have known anything, a two minute job. It is baffling the way things went down.

IMO, you don't have a claim against Canadian Tire as they were working for the Dealer and not you. Please correct me if I am wrong about that fact. Unless you hired Canadian Tire directly ?. But if they did not submit a defence to your claim you are to be automatically awarded a judgment against them, you may want to look into that further when you get to court.

If Canadian Tire was working for you, then they should have given the customer the correct CEL diagnosis and the recommended repair procedure with a quote to do the repair. They did neither buy the sounds of things. That should carry some liability. If Canadian Tire was working for the dealer they owe you nothing and bear no responsibility to you. Who paid Canadian Tire , you or the dealer ?, that would establish who they (CT) are responsible to.

One troubling fact is that you drove 1500 kms after the sale prior to the damage occurring. They may take that into account with their judgment, but if you focus on the decieving behaviour of the dealer you have a solid case. Not taking sides here, but trying to keep you focused on the important details of your case. Best of luck bro.

chad86

I hired (paid) CT to do the pre purchase inspection.. My name is on the invoice....The dealer picked the car up tho and drove it back to the dealership. I am thinking anything will help.. Saying something pointless like saying this is going to be no help me in court is not needed. Jfusion has already helped a lot as well as the other members who have helped.. I thank you guys.. The more opinions I have the better...

zeroptzero

Okay then, I stand corrected, you could have a claim against CT as well. Again if they don't respond to your claim you will receive judgment against them, that could be the easiest way to end this thing. Hope they don't show up at trial. I still think the dealer is most responsible though if the vehicle sale went through them and they are the ones who actually sold you the defective vehicle.

Remember to be courteous to the judge and the defendants, don't speak out of order, and avoid any heresay evidence. Stick to the facts only, if you try to introduce heresay evidence or opinions not based on facts they'll quash you like a fly. Keep your composure during the hearing, don' t get emotional and don't raise your voice. Not much more that I can say at this point. Keep us posted on the results, at the very least this is a very interesting matter. All the best.