Quibell v. Kuntz, 2014 SKPC 134

• Judge: Gordon, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: July 09, 2014
• Jurisdiction: Saskatchewan
• Citations: 2014 SKPC 134;(2014), 449 Sask.R. 304 (PC)

Quibell v. Kuntz (2014), 449 Sask.R. 304 (PC)

MLB headnote and full text

Temp. Cite: [2014] Sask.R. TBEd. JL.042

Darryl Quibell v. Dakota Kuntz

(86/13; 2014 SKPC 134)

Indexed As: Quibell v. Kuntz

Saskatchewan Provincial Court

Civil Division

Gordon, P.C.J.

July 9, 2014.

Summary:

The plaintiff sued the defendant for damages, claiming that the defendant was liable for negligent representation in the private sale of a boat and motor.

The Saskatchewan Provincial Court dismissed the plaintiff's action.

Sale of Goods - Topic 4404

Conditions and warranties - Exclusion of warranties - Caveat emptor - When applicable - The Saskatchewan Provincial Court referred to a summary of the principle of caveat emptor - The court concluded that a seller of a used vehicle or a boat and trailer was under no duty to disclose any defects unless he had actively concealed them - The seller was not bound to call attention to defects the purchaser could observe through ordinary inspection and inquiry - The applicable rule was "buyer beware" - See paragraphs 12 and 13.

Sale of Goods - Topic 4404

Conditions and warranties - Exclusion of warranties - Caveat emptor - When applicable - The plaintiff sued the defendant for damages, claiming that the defendant, in the private sale of a boat and motor, negligently misrepresented the year and the hours on the engine - The boat was sold "as is" with no warranties - The plaintiff had expenditures to get the boat in working order - The Saskatchewan Provincial Court dismissed the plaintiff's action - Since the defendant was not in the boat business, the plaintiff could not rely on Consumer Protection Act or the Sale of Goods Act - The legal principle of caveat emptor or "buyer beware" applied - The year of the boat was a patent defect which was discoverable - The plaintiff did not do the checking and investigation ahead of time that he could have done and discovered the problems he now complained of.

Cases Noticed:

Frey v. Sarvajc (2000), 194 Sask.R. 249; 2000 SKQB 281, refd to. [para. 12].

Wong v. Wruck (2008), 342 Sask.R. 179; 2008 SKPC 116, refd to. [para. 18].

Counsel:

Darryl Quibell, plaintiff, self-represented;

Dakota Kuntz, defendant, self-represented.

This matter was heard in Moose Jaw, Saskatchewan, before Gordon, P.C.J., of the Saskatchewan Provincial Court, who delivered the following judgment on July 9, 2014.