Plaintiff
Defendant
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.
Court
Supreme Court of British ColumbiaCase Number
S232860Practice Area
Civil litigationAmount
Winner
DefendantTrial Start Date
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