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Facts: The case involves Garcia and 9323244 Canada Ltd. concerning the sale of a used vehicle. Garcia alleged the vehicle was misrepresented by the seller regarding its condition and history.
Issue: Central to the dispute was whether the vehicle was sold under false pretenses or misrepresentations concerning its condition, and what the legal consequences of such actions should be.
Court's Ruling: The court analyzed the evidence regarding the sale, representations made, and the terms of the contract, focusing on consumer protection laws and contract principles. The court's ruling was to dismiss the plaintiff's claim, and that the defendants should be awarded one set of costs.
Costs/Damages Awarded: The judge mentioned that the plaintiff could have brought the action in small claims court, given the net amount claimed was approximately $15,000, which is the maximum amount recoverable in small claims court. If the plaintiff had been successful in small claims court, costs would have been awarded in her favor based on the standard amounts generally awarded in such proceedings. However, because the plaintiff chose to proceed in this court, the defendants, who were called upon to defend the case in this court, are entitled to their costs based on the tariff applicable in this court. Financial terms were not specified.
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Plaintiff
Defendant
Court
Court of King's Bench ManitobaCase Number
CI 19-01-24455Practice Area
Corporate & commercial lawAmount
Not specified/UnspecifiedWinner
DefendantTrial Start Date