Mechanic failed vehicle repairs
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Mechanic failed vehicle repairs
You contacted a service center with respect to having body work done to your vehicle. The mechanics represented that they had the experience and expertise to complete the desired bodywork. Following the return of your vehicle and payment, you discovered numerous and serious deficiencies with the repairs and damage to your vehicle. As a result of the damages and deficiencies, you spent time and monies for parts repairing the subject vehicle.
Common issues faced by the consumer;
a) Mechanic misrepresenting their ability to perform the envisioned contract and the services which form its basis
b) Mechanic misrepresenting their authorization to perform the envisioned contract
c) Mechanic failing to provide the agreed services in a proper and workmanlike fashion
d) Mechanic damaging the subject vehicle.
The conduct of the mechanic in repairing the subject vehicle can and are also negligent insofar that;
a) the mechanic, its agents and employees knew or ought to have known they did not have sufficient training and/or expertise to do the requested diagnosis of the vehicle
b) they knew or ought to have known that the testing they did on the vehicle was damaging to same and not appropriate
c) they knew or ought to have known that the condition of the vehicle when returned was dangerous and inoperable due to the mechanical interference they had submitted the same to.
Case law that outlines the damages that can be claimed for negligence and/or breach of the contract and are well outlined in the case of Lefrancois v Ottawa Chrysler Dodge, 2014 CanLII 54172 (ON SCSM)
Damages that could be awarded generally are as follows;
a) the monies paid by the customer to the credit of the mechanical repairs done improperly and/or negligently by the mechanics
b) the cost to the customer to repair the damages caused by the mechanics
c) costs of parts that had to be purchase
d) loss of quiet enjoyment
e) possible punitive damages if the Court feels misconduct or fraud was involved.
A number of factors must be considered when considering damages in the matter presently at issue;
A consumer has a clear case for breach of contract and negligence if it can be established by presenting sufficient evidence that the mechanics made the requisite representations and warranties either express and/or implied and or in the alternative breached its duty of care to the customer in even attempting to do mechanical repairs on the subject vehicle.
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