Motor Vehicle Lemon Laws in Canada

Every state in the U.S. has a lemon law that gives consumers redress when they find that they’ve purchased a defective car and the manufacturer can’t (or won’t) fix it. In addition, there are a number of U.S. federal laws (like the Magnuson-Moss Warranty Act) that can be used to fight on behalf of consumers who have lemon vehicles.

In Canada, there is no national lemon law, but each province has some consumer protection statutes. Ontario tried to pass a lemon law in 2002, but the efforts were not successful. Consumers can, however, submit disputes to the Canadian Motor Vehicle Arbitration Plan (CAMVAP) for neutral third-party resolution.

According to the CAMVAP website,

CAMVAP covers most domestic and imported passenger cars, light trucks, sport utility vehicles, vans and multi-purpose passenger vehicles purchased or leased in Canada, as long as the vehicle is the current model or one of four previous model years.

Unlike U.S. arbitration, which is typically binding for the manufacturer but non-binding for the consumer, CAMVAP arbitration is binding for both parties. In other words, once the arbitrator has reached a decision, that’s the final word on the matter.

CAMVAP arbitration also limits the kinds of refunds and reimbursements that consumers can receive. For example, it can’t reimburse expenses to buy or lease a vehicle, void a purchase or lease agreement, or award exemplary or punitive damages.

As with any arbitration, if you enter into CAMVAP, you should have a lawyer at your side. Although it’s not mandatory to do so, keep in mind that car manufacturers have teams of lawyers who do nothing but fight lemon law claims. You’ll only be on equal footing if you have legal representation.

The bottom line? Canadian consumers seem to have far fewer protections than their U.S. counterparts.

Sergei Lemberg of Lemon Justice is sitting in the guest blogger’s chair today. He has some great info about what you can do if you wind up with a defective new or used vehicle.

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Law is Cool
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8 Comments on "Motor Vehicle Lemon Laws in Canada"

  1. Barrington Barnett | July 11, 2011 at 3:25 am |

    Dose the CAMVAP apply to the used veichel bought from a private owner.If so how do you fight the private party.

  2. Otto Oates | July 11, 2011 at 8:46 pm |

    Hello
    I bought a 2003 Ford 350 super duty with the now to me famous problematic 6 LT Diesel engine. The only people who feel there is nothing wrong with this engine is the dealer I take the truck to, Holiday Ford in Peterborough and the used vehicle lot where I bought it, Earl Ireland of Peterborough. There are several problems with this engine and every unsuspecting buyer ends up spending thousands of dollars every year or so on repairs until he sells it to some other unsuspecting soal. First of all, the injectors give out without a warning and several people have been on long trips and this sometimes cost them up to $5,000.00 to repairs, next are the glow plugs, with starting problems and the dealer wants to replace them all as he claims, you might as well since they have to tear a lot of the engine parts out to get at the glow plugs, hmmm, $350.00 times 8 equals $2800.00 plus about $2,000.00 in labour, why not, it’s only money and the dealer has all kinds so why would you object. Next lets try that little valve called the erc valve, something to do recirculating the exhaust and when that fails you get a big cloud of black smoke fallowing you. OPP pulled me over and made me get it towed to the dealer to be fixed. Well I’m an amature at vehicles and I keep shelling out but I feel big oh FORD should help us out.
    Is there any help out there for people like me who have purchased a vehicle over the 5 years that the Ontario law will protect.

  3. Florence Sooley | July 21, 2011 at 6:11 pm |

    I would like to know if there is a lemon law for travel trailers Fifth Wheels and other recreation vehicles

  4. I am new at this;recently purchased a chrysler town &country 2011.The odo is at 880km and what started out as a transmission adjustment has now turned into a nightmare.The techs at the dealership are unable to repair the transmission and have now ordered a transmission from (who knows where)I was told that because of this models “newness” they;the dealership does not have much knowledge about this model.The dealership tells me that in order to replace the tranny they will have to use a re-manufactured number of the tranny as the new tranny numbers are different? Sounds real wierd.My wife is disabled and we bought the van because of the roomy interior.We have been without our van for 3 wks now and the wait looks longer yet.Any advice appreciated.
    jerry

  5. Russell Thompson | October 24, 2011 at 10:07 am |

    Hi
    I have a jeep wrangler 2011 that the dealer cannot stop the water leaks in it ,it has been back 12 times ,i bought in Jul/11 have 6000kms on it and it has leaked from day one .The dealer keeps trying to fix it and has even sent to a body shop twice but to date have been unable to fix
    I have contacted Chrysler and all they will say is we are committed to fixing the jeep .They maybe committed but it has my wide and i sick over it .I have started the Camvap process of arbutration and am waiting for the paperwork now .I guess what i do not understand is why there are not a certain amount of times something has to go back in a certain amount of kilometers that you automatically get your money back
    Anyway wondering if anyone else out there is having the same trouble with there 2011 jeep ,i am sure i am not the only one
    Next step is lemons on the side and parked near the dealership
    Regards
    Russell

  6. Andrei_fr@hotmail.com | January 11, 2012 at 3:11 pm |

    Please HELP! I bought 2006 Acura CSX Premium in November 29. Before i bought the car i checked the CAR FAX report it was all good, so i bought back guarantee program to be 100%. When i went to registry they told me it is salvage. I contact the seller but he didn’t wont cooperated whit me. I call the CAR FAX to buy my car back, i send all documentation that it’s need’s but they kicking me for 3 months around. How to force CAR FAX to buy back my car? PLEAS HELP ! !!

  7. Hi

    I have a 2010 Kia Forte, I bought this car in October of 2009 and have problem after problem. First the radio wouldn’t work right and after going to the dealership 3 times they finally got it fixed, but not before scratching the dash and casing another trip back to have that fix and still not to my satification. Than for the next year I had problems with the car starting. I was at the dealership every other week. Finally this hasn’t been a problem for the last 6 months. Now, I had my back breaks replaced in December and now my ABS light is on and wont turn off. The dealership has replaced the sensor and they light contuines to come on and stay on. They are now saying this is a wiring issue and gave me a loaner car until mine is fixed. I am not impressed in any way as this is the first brand new car I have ever purchased and I have been in contact with KIA head office and they have nothing to say to me to help fix the issue. Do these probelms qualify me to file under the CAMVAP?

    Thank you
    Amanda

  8. if anyone can help me. I just purchased a 2008 Dodge 1 ton dually. I put $10000 cash payment down and the vehicles computer board blew on day 24. I have told the dealership that I don’t feel I should be liable for these costs as the vehicle has only been driven a total of 7 days over this 24 day period. Do I have any recourse at getting my deposit back and moving on to another dealership, if I cannot get them to pay for these costs.

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