What is considered to be a reasonably durable vehicle under SGA section 18(c)?

British Columbia, Canada


The following excerpt is from Begg v. Desmarteau, 2022 BCCRT 86 (CanLII):

29. The question of what is reasonably durable under SGA section 18(c) was considered in Sugiyama v. Pilsen, 2006 BCPC 265. The court said that a used vehicle seller is not a guarantor of the vehicle’s future performance, and that a buyer must expect problems at some point. The court also found that older vehicles are more likely to break down, and that if an older vehicle is “roadworthy” when purchased, it probably will be considered reasonably durable. In Sugiyama, the court found a used vehicle was durable for a reasonable period of time even though there was a serious engine failure after being driven 616 km in the month following its purchase. The vehicle had 140,146 kilometres on the odometer when sold, and was approximately 9 years old.

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