Tichopad v. One West Auto Ltd.
Jiri Tichopad
Law Firm / Organization
Campbell Froh May & Rice LLP
One West Auto Ltd. dba Vancouver Mitsubishi / CCV Company of Cars
Law Firm / Organization
Darnell Langley Law Firm
Lawyer(s)

Rebecca Darnell

  • Facts: Jiri Tichopad purchased a Ducati motorcycle from One West Auto Ltd. for $13,647.90. After leaving the dealership, Tichopad discovered what he believed were faulty tires and brakes and returned the motorcycle. Despite two inspections confirming the motorcycle's compliance with safety standards, Tichopad refused to either retake possession or accept a refund.

  • Issue: The legal issue centered on whether ownership of the motorcycle had transferred to Tichopad, and if not, whether he was entitled to specific performance or damages for conversion.

  • Court's Ruling: The court determined that ownership did not transfer to Tichopad, as the required formalities for transfer were not completed. The court dismissed Tichopad's claims for a proprietary interest, specific performance, and damages for conversion. The agreement was deemed uncompleted, and therefore, One West Auto Ltd. was justified in cancelling it and was only required to refund the purchase price.

  • Costs/Damages Awarded: The defendant, One West Auto Ltd., was awarded costs payable by Tichopad at Scale B, as specified in the court's judgment, reflecting the unsuccessful nature of Tichopad's claims and the court proceedings initiated by him. Financial terms were not disclosed.

Supreme Court of British Columbia
S232860
Civil litigation
Defendant