Rushak v. Henneken, (1991) 4 B.C.A.C. 64 (CA)

• Judge: McEachern, C.J.B.C., Taylor and Wood, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: June 04, 1991
• Jurisdiction: British Columbia
• Citations: (1991), 4 B.C.A.C. 64 (CA)

Rushak v. Henneken (1991), 4 B.C.A.C. 64 (CA);

    9 W.A.C. 64

MLB headnote and full text

Patricia Rushak (plaintiff/respondent) v. Hans Henneken and Henneken Auto Sales & Service Ltd. (defendants/appellants)

(CA005914)

Indexed As: Rushak v. Henneken

British Columbia Court of Appeal

McEachern, C.J.B.C., Taylor and Wood, JJ.A.

September 20, 1991.

Summary:

Rushak bought a 14 year old Mercedes Benz from a car dealer for $17,300. Within one year the car developed rust damage estimated at $10,000. Rushak sued, inter alia, under the Trade Practice Act (B.C.). The trial court awarded Rushak $6,000 damages because the dealer committed a "deceptive act". The dealer appealed.

The British Columbia Court of Appeal dismissed the appeal.

Consumer Law - Topic 1745

Deceptive acts - Misleading conduct or representations - Rushak bought a 14 year old Mercedes Benz from a car dealer for $17,300 - The car had a post-factory undercoating that covered a potential rust problem - The dealer realized the potential problem but told Rushak that the car was "a good vehicle" and "one of the best of its kind" - Within a year the car developed rust damage estimated at $10,000 - The British Columbia Court of Appeal affirmed that the dealer committed a deceptive act by misleading Rushak - The court stated that the dealer was required to qualify his praise of the car where he had reason to suspect that there might be extensive rust - See paragraph 20.

Cases Noticed:

Director of Trade Practices v. Household Finance Co. of Canada, [1976] 3 W.W.R. 731 (B.C.S.C.), affd. [1977] 3 W.W.R. 390 (B.C.C.A.), refd to. [para. 16].

Stubbe v. P.F. Collier and Son Limited, [1977] 3 W.W.R. 493 (B.C.S.C.), refd to. [para. 17].

Statutes Noticed:

Trade Practice Act, R.S.B.C. 1979, c. 406, sect. 3 [para. 9].

Counsel:

D.F. Robinson, for the appellant;

   David MacLeod, for the respondent.

This appeal was heard by McEachern, C.J.B.C., Taylor and Wood, JJ.A., of the British Columbia Court of Appeal at Vancouver, B.C., on June 4, 1991. The decision of the court was delivered by Taylor, J.A., on September 20, 1991.