The Ontario Motor Vehicle Industry Council prosecuted a used car salesman for making unconscionable representations to a consumer with acquired epileptiform aphasia in violation of the Consumer Protection Act.
The consumer purchased a 2007 Mitsubishi vehicle and subsequently experienced mechanical issues and unexpected repair costs.
The court found that while the consumer had a significant disability affecting language comprehension and expression, the prosecution failed to prove beyond a reasonable doubt that the defendant possessed the requisite mens rea (intent, knowledge, or recklessness) for the offence.
The court dismissed the charge, finding that the consumer had meaningfully engaged in the transaction, the terms were reasonable, and there was no evidence of undue pressure or unconscionable conduct.
