The plaintiff moved for summary judgment arising from the purchase of a luxury motor-home that developed extensive and serious defects during a cross-border winter trip.
The court held that the implied condition of reasonable fitness under s. 15(1) of the Sale of Goods Act was engaged and breached, and that the accumulation of defects constituted a fundamental breach of contract.
The court rejected the seller's arguments that the plaintiff was not a buyer and that the goods had been accepted so as to limit remedies.
Rescission was granted together with damages representing the purchase price and related expenses, a nominal award for loss of use and enjoyment, and pre-judgment interest.
