Plaintiff
Defendant
- Parties: The plaintiff was André Rodrigue. The defendant was His Majesty the King.
- Subject Matter: The plaintiff purchased a vehicle from the Canadian Armed Forces through a virtual auction. The plaintiff claimed damages in the amount of $42,094.11 to reimburse him for the amounts he paid to purchase and repair the vehicle and damages in the amount of $5,000 for negligence and inconvenience. The plaintiff argued that the purchased vehicle was unfit for its intended use because significant hidden defects known to the defendant and undisclosed at the time of sale affected the vehicle. He argued that he either would not have purchased the vehicle or would not have paid such a high price if he had known about the defects at the time of the sale on Jan. 20, 2020.
- Ruling: The court ruled in the defendant’s favour and dismissed the action. The court held that the plaintiff could not now blame the defendant because the vehicle’s quality was not what he believed it to be at the time of the sale. The court found that hidden defects did not affect the vehicle at the time of the sale and that, even if it did, the plaintiff had purchased the vehicle without a warranty of quality.
- Date: The hearing was set on Mar. 7, 2023. The court released its decision on May 23, 2023.
- Venue: This was a federal case before the Federal Court.
- Amount: Total damages of $47,094.11 were sought.
Court
Federal CourtCase Number
T-1242-21Practice Area
Civil litigationAmount
$ 47,094Winner
DefendantTrial Start Date
09 August 2021Download documents