Samuel S. Marr

The plaintiff purchased a used 2006 BMW from the defendant dealer.

Shortly after purchase, the vehicle experienced significant mechanical issues, including excessive oil consumption and computer malfunctions.

The plaintiff sued for breach of contract, claiming the vehicle was not of merchantable quality.

The court found that because the 'as is' box on the purchase agreement was not checked, the implied warranties under the Sale of Goods Act and Consumer Protection Act applied.

The court held the vehicle was not reasonably fit for its purpose and awarded the plaintiff $11,606.21 for repair estimates and inspection costs, dismissing claims for rental car and insurance expenses.

A residential landlord commenced a Small Claims Court action seeking compensation for damage to an oven allegedly caused by tenants.

The court considered whether it had jurisdiction to adjudicate a landlord’s claim for property damage against a tenant where the tenant remained in possession when the claim was issued.

Applying authorities interpreting the Residential Tenancies Act, the court held that such claims fall within the exclusive jurisdiction of the Landlord and Tenant Board.

The claim against the tenant was therefore dismissed for lack of jurisdiction.

However, the court held that it retained jurisdiction over a guarantor who had signed the tenancy agreement and ordered the guarantor to pay the landlord one-third of the reduced replacement cost after accounting for betterment.