What is the current state of the motor and the gear in the vehicle?

Saskatchewan, Canada


The following excerpt is from Richardson v. Elias, 2001 CanLII 1566 (SK PC):

6 I believe that the oil leak existed at the time that the vehicle was purchased and it may be that the gear problem may also have existed at that time. Insofar as the engine is concerned, there is evidence that the problem arose only after the plaintiff had placed a considerable number of kilometres on the vehicle. With respect to the motor problem I refer to the comments of my brother Judge Moxley P.C.J. in the case of Grabka v. Regina Motor Products (1970) Ltd. [S.J. No. 770] in which he said the following Buyers acquiring high kilometrage older model vehicles for modest prices are engaged in a somewhat risky activity. It is to be expected that such vehicles will at any time require major and costly repairs. Such buyers must expect that the risk for such repairs will remain with retail sellers under those circumstances for a short period of time only. In these circumstances I believe the comments apply with respect to the condition of the motor.

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