Ontario Civil


Dealership had no contractual relationship with purchasers of vehicle

Plaintiffs purchased vehicle from defendant dealership D. D obtained vehicle from another dealership, O, which was managed by defendant B. Vehicle malfunctioned after purchase. Purchasers brought action for damages against both dealerships and B. Purchasers settled their claim with D, receiving full purchase price as well as payment of $7,500 for damages and credit for $1,000. O and B’s motion for summary judgment against purchasers was granted. Trial judge found O and B were not liable. Purchasers appealed. Appeal dismissed. O had no contractual relationship with purchasers. B was not in contact with purchasers before sale and made no representations to them. Damages sustained were amply compensated in settlement. Motion judge made no error.

Mikhail v. Downsview Chrysler Plymouth Ltd. (1964) Ltd. (Nov. 13, 2015, Ont. C.A., E.A. Cronk J.A., Gloria Epstein J.A., and Grant Huscroft J.A., File No. CA C60446) Decision at 253 A.C.W.S. (3d) 486 was affirmed.  260 A.C.W.S. (3d) 752.

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