Claim that a boat 'works awesome' doesn't count as a warranty, Sask. judge says
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."
An Amber Alert was issued for two-year-old Holdan Keewatin Sunday afternoon, after the Regina Police Service asked for public assistance in the search for the child.
The rapid growth of a long-burning forest fire in central Newfoundland has triggered a state of emergency in the area and the expansion of an outdoor fire ban to the entire province.
Air Canada denied a customer complaint and instructed employees to classify flight cancellations caused by staff shortages as a "safety" problem, which would exclude travellers from compensation under federal regulations. That policy remains in place.
Five people, including a suspect, were taken to hospital with serious injuries after a violent incident that drew a massive police presence to downtown Vancouver's main entertainment district Saturday night.
A ceasefire between Israel and Palestinian militants took effect late Sunday in a bid to end nearly three days of violence that killed dozens of Palestinians and disrupted the lives of hundreds of thousands of Israelis.
Ukrainian President Volodymyr Zelenskyy said on Sunday that if Russia proceeded with referendums in occupied areas of his country on joining Russia, there could be no talks with Ukraine or its international allies.
A Dutch man accused of tormenting British Columbia teen Amanda Todd via online threats has been found guilty of all charges he faced in connection with the case, a jury ruled on Saturday.
A B.C. wildfire that has forced hundreds from their homes didn't increase in size overnight, but the hot weather Sunday means "containment lines could be challenged," according to the wildfire service.
An Amber Alert was issued for two-year-old Holdan Keewatin Sunday afternoon, after the Regina Police Service asked for public assistance in the search for the child.
Four more ships carrying agricultural cargo held up by the war in Ukraine received authorization Sunday to leave the country's Black Sea coast as analysts warned that Russia was moving troops and equipment in the direction of the ports to stave off a Ukrainian counteroffensive.
The first week of Folklorama's return to in-person multicultural celebrations is wrapping up, with thousands of Winnipeggers visiting 12 pavilions across the city over the first seven days. Festival organizers say it couldn't have gone better.
Residents in a large Broadway apartment complex had their evenings interrupted after a fire lead to the evacuation of the five-story building Saturday.
Alberta Health Services has issued an enforcement order against a Banff home after an inspection discovered that as many as 42 people were staying inside the property.
Family members, friends and veterans gathered Sunday to pay their respects and remember the lives of Albertans who died while fighting in peacekeeping missions and support operations around the world.
The City of Toronto has extended the hours of seven city-run pools in an effort to help residents cool off amid heat warnings issued by Environment Canada.
Ontario's legislature is set to resume this week for the first time since the re-election of Premier Doug Ford's Progressive Conservatives, with politicians returning amid a health-care staffing crisis and skyrocketing inflation.
The price of gas has gone down by almost 40 cents in Ottawa since June. But it’s back up seven cents on Sunday and those who drive for a living are spending hundreds of dollars on fuel every week.
Five people, including a suspect, were taken to hospital with serious injuries after a violent incident that drew a massive police presence to downtown Vancouver's main entertainment district Saturday night.
A B.C. man's lawsuit against Facebook – in which he is claiming $50 million in damages because the social media giant did not take down an "imposter page" – will be allowed to proceed, according to a court ruling.
Three boys out fishing in Kahnawake on the South Shore of the Saint Lawrence River spotted a seal on Sunday morning, more than 1,000 kilometres from its natural habitat.
Nobody can fill the shoes of Hollywood star Tom Hanks, of that actress Kelly McCormack is certain. Yet on the new TV series "A League of Their Own," the Vancouver native was assigned a task nearly as stressful as emulating Hanks: saying one of his most iconic catchphrases.
One of the longest serving MLA’s currently in the New Brunswick legislature says he was the one to offer new Liberal leader Susan Holt his seat should she choose to run in a by-election before the next provincial election.
The rapid growth of a long-burning forest fire in central Newfoundland has triggered a state of emergency in the area and the expansion of an outdoor fire ban to the entire province.
According to police, Lucien Dubois was last seen leaving a residence on Boom Road in his vehicle Friday. He was later reported missing Sunday afternoon.
Manitoulin Transport has been delivering, numerous skids of dry pet food and cleaning supplies to Ontario Wildlife Rescue Centres across the province at no charge since the beginning of the year.
Most of southern Ontario currently finds itself sweltering under a weekend heat warning, and London-Middlesex is no exception, as temperatures are expected to reach 40 C with the humidex.
