The appellant appealed a Small Claims Court judgment awarding the respondent dealership $15,000 in liquidated damages for breaching a non-export agreement (NEA) attached to a vehicle bill of sale.
The Divisional Court dismissed several grounds of appeal relating to procedural fairness, bias, and evidentiary rulings.
However, the appeal was allowed on the basis that the NEA violated the Consumer Protection Act.
The court found that the NEA's waiver of rights, which held the consumer strictly liable for the vehicle's export even if stolen, constituted an unfair practice.
The trial judgment was set aside and the action dismissed.
