Law Talk: Your rights after car repairs go wrong
If a consumer has a dispute with the repairs done by an automobile repair shop it is important to know that both parties have certain legal rights and obligations.
Consumer Protection Act, 2002 (CPA), regulates all repair shops. The act requires all repair shops to provide a warranty for all new or reconditioned parts installed in the vehicle. This means that if a part, which was installed in your car by a repair shop, fails within 90 days or 5,000km (whichever comes first) the shop must refund your money for the repairs. You may also be allowed to recover towing costs to bring the car to the repair shop.
The CPA also contains provisions for disputes over the quality of work, unrelated to the failure of a specific part. If the repair work has not been of a reasonably acceptable quality then you can complain to the Ministry of Government Services (MGS) at www.mgs.gov.on.ca.
It is recommended that you first contact the repair shop. If the shop is unable or refuses to resolve the problem, then take your car to another mechanic. If they indicate the repairs were done incorrectly or negligently, you can then write to the first repair shop indicating the other mechanic's finding and request an adjustment to the bill. If the repair shop still refuses, you can file a formal complaint with the MGS. MGS has the authority to mediate disputes between businesses and consumers. Alternatively, a person may be able to file a claim in the courts.
If the repair shop has charged for work they did not perform or misrepresented the repair transaction, then under the MGS you may be able to cancel the repair contract and get your money back. It is important that you have the ability to prove that the repair shop misled you. This can be done by writing a formal letter, called a letter of recession, to the shop. A sample form is available on the MGS website.
An unadvisable method of dealing with a dispute is withholding payment from the shop. The Repair and Storage Liens Act allows a repair shop to retain possession of a vehicle, or even possibly seize a car and sell it if a consumer has not paid. If you choose this solution you should make an application in court and make the full payment to the court. If you do this, the mechanic will have to return possession of your vehicle. A judge will then decide how much money, if any, will be given to the repair shop.
For more information on the Repair and Storage Liens Act and the CPA please visit the MGS website at www.mgs.gov.on.ca.
This column provides legal information only and is written by the students and staff at Community Legal Services. If you need legal advice, please contact a lawyer, community legal clinic or the Lawyer Referral Service at 1-900-565-4577. Fanshawe College students can book an appointment to attend our outreach clinic at the College. Please call us at 1-519-661-3352 to book an appointment.
Consumer Protection Act, 2002 (CPA), regulates all repair shops. The act requires all repair shops to provide a warranty for all new or reconditioned parts installed in the vehicle. This means that if a part, which was installed in your car by a repair shop, fails within 90 days or 5,000km (whichever comes first) the shop must refund your money for the repairs. You may also be allowed to recover towing costs to bring the car to the repair shop.
The CPA also contains provisions for disputes over the quality of work, unrelated to the failure of a specific part. If the repair work has not been of a reasonably acceptable quality then you can complain to the Ministry of Government Services (MGS) at www.mgs.gov.on.ca.
It is recommended that you first contact the repair shop. If the shop is unable or refuses to resolve the problem, then take your car to another mechanic. If they indicate the repairs were done incorrectly or negligently, you can then write to the first repair shop indicating the other mechanic's finding and request an adjustment to the bill. If the repair shop still refuses, you can file a formal complaint with the MGS. MGS has the authority to mediate disputes between businesses and consumers. Alternatively, a person may be able to file a claim in the courts.
If the repair shop has charged for work they did not perform or misrepresented the repair transaction, then under the MGS you may be able to cancel the repair contract and get your money back. It is important that you have the ability to prove that the repair shop misled you. This can be done by writing a formal letter, called a letter of recession, to the shop. A sample form is available on the MGS website.
An unadvisable method of dealing with a dispute is withholding payment from the shop. The Repair and Storage Liens Act allows a repair shop to retain possession of a vehicle, or even possibly seize a car and sell it if a consumer has not paid. If you choose this solution you should make an application in court and make the full payment to the court. If you do this, the mechanic will have to return possession of your vehicle. A judge will then decide how much money, if any, will be given to the repair shop.
For more information on the Repair and Storage Liens Act and the CPA please visit the MGS website at www.mgs.gov.on.ca.
This column provides legal information only and is written by the students and staff at Community Legal Services. If you need legal advice, please contact a lawyer, community legal clinic or the Lawyer Referral Service at 1-900-565-4577. Fanshawe College students can book an appointment to attend our outreach clinic at the College. Please call us at 1-519-661-3352 to book an appointment.
