Claim that a boat 'works awesome' doesn't count as a warranty, Sask. judge says
An attempt to claim damages for a boat that sputtered to a stop during its first outing didn't hold water with a Saskatoon judge.
The trouble began for a Saskatchewan man in June 2019, around 45 minutes into a day on Candle Lake — travelling in a boat he recently bought off Kijiji.
"It was a beautiful day and (the buyer) was excited to use his new boat," Provincial Court Judge Steven Schiefner wrote in a ruling issued earlier this month.
"He drove around the lake and ran the boat at various rates of speed including one short run at 95 (kilometres per hour)."
A "loud clicking noise" coming from the boat's engine signalled a change in fortunes for the man and his family.
He shut down the motor to try and find the source of the problem. The boat wouldn't restart and required a tow back to shore.
He had purchased the boat on April 4, 2019 from a man who lived on an acreage located near Silton, Sask.
The online ad for the black, 21-foot, 2008 Baja Islander touted features such as its 350 MAG engine, swim deck, Clarion stereo and its special order "outlaw graphics."
The ad said the boat "works awesome."
While it wasn't possible to submerge it in a lake, the seller provided a source of water so the motor could be tested, the decision said.
A day later the buyer and his wife returned to purchase the boat, adding a line in the bill of sale saying the seller "guarantees" the boat, motor and accessories are in "good working order" and that no information has been withheld regarding its condition.
Based on the language used in the ad, which also used the phrase "mint condition," and the additional lines in the bill of sale, the seller thought there was a case to be made for compensation.
After his family's day on the lake was stalled, he spent roughly $1,300 repairing the watercraft.
Schiefner disagreed. He said words such as "awesome" amount to "little more than advertising puffery."
"Even though 'mint' means in near-perfect condition, as if never touched or used, the seller's advertisement was clear the boat had been both touched and used — for 10 years."
Schiefner also was not swayed by the clause included in the bill of sale.
He acknowledged the common legal standard for second-hand sales, caveat emptor — better known as "let the buyer beware" — was "modified" by the added condition.
However, he said other than another "minor" problem found when the boat was repaired, the evidence showed it was "functioning properly" when it was sold.
The guarantee "did not warranty the boat was free from latent defects," Schiefner wrote.
The "progressive crack" in a gear that caused the motor to fail "could have lasted for 10 years during which time the boat would have functioned properly," Schiefner wrote, referencing information provided by a repair shop during the trial.
"Unfortunately ... it only lasted 45 minutes."
Schiefner dismissed the claim and said ultimately the buyer should bear the loss because he knew he was buying a used boat.
In addition to repair costs, the buyer was seeking damages for the "loss of use and enjoyment of the boat."
He estimated he would have taken the boat out six to eight times over the time it was in the shop. The cost of a replacement boat would have been $380 per day.
The scenario was entirely hypothetical as he never actually rented a boat, according to the decision.
Based on this, Schiefner wrote that even if he had found in the buyer's favour, he would not have awarded damages for "loss of enjoyment."
CTVNews.ca Top Stories
How quietly promised law changes in the 2024 federal budget could impact your day-to-day life
The 2024 federal budget released last week includes numerous big spending promises that have garnered headlines. But, tucked into the 416-page document are also series of smaller items, such as promising to amend the law regarding infant formula and to force banks to label government rebates, that you may have missed.
Which foods have the most plastics? You may be surprised
'How much plastic will you have for dinner, sir? And you, ma'am?' While that may seem like a line from a satirical skit on Saturday Night Live, research is showing it's much too close to reality.
opinion I've been a criminal attorney for decades. Here's what I think about the case against Trump
Joey Jackson, a criminal defence attorney and a legal analyst for CNN, outlines what he thinks about the criminal case against Donald Trump in the 'hush money trial.'
$3.8M home in B.C.'s Okanagan has steel shell for extra wildfire protection
A home in B.C.'s Okanagan that features a weathering steel shell designed to provide some protection against wildfires has been listed for sale at $3.8 million.
Diver pinned under water by an alligator figured he had choice. Lose his arm or lose his life
An alligator attacked a diver on April 15 as he surfaced from his dive, nearly out of air. His tank emptied with the gator's jaws crushing the arm he put up in defence.
Psychologist becomes first person in Peru to die by euthanasia after fighting in court for years
A Peruvian psychologist who suffered from an incurable disease that weakened her muscles and had her confined to her bed for several years, died by euthanasia, her lawyer said Monday, becoming the first person in the country to obtain the right to die with medical assistance.
Mystery surrounds giant custom Canucks jerseys worn by Lions Gate Bridge statues
The giant stone statues guarding the Lions Gate Bridge have been dressed in custom Vancouver Canucks jerseys as the NHL playoffs get underway.
Celebrity designer sentenced to 18 months in prison for smuggling crocodile handbags
A leading fashion designer whose accessories were used by celebrities from Britney Spears to the cast of the 'Sex and the City' TV series was sentenced Monday to 18 months in prison after pleading guilty in Miami federal court on charges of smuggling crocodile handbags from her native Colombia.
Wildfire leads to evacuation order issued for northeast Alberta community
An evacuation order was issued on Monday afternoon for homes in the area of Cold Lake First Nation.