Is a plaintiff entitled to enjoy from the performance typical of a new car?
Alberta, Canada
The following excerpt is from Rosseway v. Canadian Kenworth Ltd., 1978 CanLII 676 (AB QB):
In Gibbons v. Trapp Motors Ltd., supra, defects in a motor vehicle appeared over a period of ten months with “monotonous regularity”. Gould J. held that the plaintiff was entitled to enjoy from the car a performance typical of a new car and found fundamental breach.
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