The self-represented appellant appealed a Small Claims Court decision dismissing his claim against a car dealership for the value of a provincial government rebate on an electric vehicle.
The appellant argued on appeal that the dealership lied under oath and knew the car would not qualify for the rebate, arguments not raised at trial.
The Divisional Court dismissed the appeal, finding no palpable and overriding error in the trial judge's conclusion that the dealership's statement of eligibility was not a promise or guarantee, and that the contract placed responsibility for seeking the rebate on the buyer.