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Thread: Need Information On Filing A Lawsuit Against Canadian Tire

  1. #21

    Re: Need Information On Filing A Lawsuit Against Canadian Tire

    Has anyone ever tried to get Consumer and Corporate Affairs involved with a dispute with Cdn Tire? I am considering contacting Consumer Affairs to help resolve an issue I have with Cdn.Tire S. Red Deer,Alberta

  2. #22
    Probationary Member crnobtt's Avatar
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    Re: Need Information On Filing A Lawsuit Against Canadian Tire

    I am a victim
    I am suing Canadian tire and need other victims to come forward with their stories.
    Can you help?
    I hope to present the judge with thousands of these complaints. I hope to be the voice of so many victims that gave up because of frustration and lack of resources.
    My lawyer has advised that I have to present evidence there is a history of this poor business practice over time with many Canadian tire stores where head office is aware and did nothing.
    Can you help me? I need victims that are willing to help.
    Here is my contact info. Please spread the word everwhere you feel we can find these victims.

    Contact info: cgtronix@sympatico.ca

  3. #23

    Re: Need Information On Filing A Lawsuit Against Canadian Tire

    Quote Originally Posted by fretsey View Post
    Has anyone ever tried to get Consumer and Corporate Affairs involved with a dispute with Cdn Tire? I am considering contacting Consumer Affairs to help resolve an issue I have with Cdn.Tire S. Red Deer,Alberta
    I have contacted the Ontario Ministry of Consumer Services several times, including the Consumer Protection Branch. They are at 1-800-889-9768.

    As we've been saying many times, don't hesitate to contact them about retailers or other businesses that are treating consumers unfairly.

    For instance, they can help with defective products, and how to apply the Sale of Goods Act and the Consumer Protection Act.

    I'm not sure what the equivalent is in Alberta, but I'm sure you can find out easily.

    The Ontario ministry definitely will help resolve issues, but it seems be necessary to actually sue the Crappy Store to get any money out of them (although they often seem to back down once the papers are filed - based on stories I've read).

    In the Toronto area, there are also newspaper columnists who will try to get big companies to listen to ordinary consumers - something like that might work for you, too.

  4. #24
    Senior Member CTH8R's Avatar
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    Re: Need Information On Filing A Lawsuit Against Canadian Tire

    Quote Originally Posted by crnobtt View Post
    I am a victim
    I am suing Canadian tire and need other victims to come forward with their stories.
    Can you help?
    I hope to present the judge with thousands of these complaints. I hope to be the voice of so many victims that gave up because of frustration and lack of resources.
    My lawyer has advised that I have to present evidence there is a history of this poor business practice over time with many Canadian tire stores where head office is aware and did nothing.
    Can you help me? I need victims that are willing to help.
    Here is my contact info. Please spread the word everwhere you feel we can find these victims.

    Contact info: cgtronix@sympatico.ca
    Good luck with your lawsuit - I hope you win!

    It might help to narrow the focus down to a specific type of rip-off, like unnecessary vehicle repairs, or vehicle repairs that are done incorrectly. Or maybe vehicles damaged while in the care of Crappy Tire.

    Or you could go after them for not giving refunds for the many defective products they sell. But the dollar values would be a lot less, so it might be harder to get a decent settlement.

    How about failure to adhere to the Scanning Code of Practise? It's about $10 a hit, and you could make it up in sheer volume.

    Or, bait-and-switch, for not stocking products in "reasonable" quantities, when the items are advertised at a sale price?

  5. #25
    Probationary Member crnobtt's Avatar
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    Re: Need Information On Filing A Lawsuit Against Canadian Tire

    Hi CTH8R
    Thanks for replying so quickly.
    What happenned to you? Did you loose a wheel too?
    Maybe something worse?

  6. #26
    Senior Member CTH8R's Avatar
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    Re: Need Information On Filing A Lawsuit Against Canadian Tire

    If you had a wheel fall off, that should be fairly straight-forward, to show that the Crappy Mechanic worked on it last, did a poor job, and caused the incident. I hope nobody was hurt!

    For similar situations, the advice on this site has been to contact CAA (if you are a member) or a consumer organization. If you are already talking to a lawyer, you should be on the right track. Does it matter for your case, if there were others who also had bad repairs?

    I had heard all the horror stories about shoddy work at Crappy Tire. I once took a chance on them, while out if town. There wasn't obvious damage from their work, but I later discovered that they'd damaged other parts while doing the work. By then, I was too far away to persue it.

  7. #27
    Probationary Member crnobtt's Avatar
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    Re: Need Information On Filing A Lawsuit Against Canadian Tire

    The wheel falling off is straight forward, but this is not just about that.
    It is about all the other people who will be victimized in the future by all the other Canadian Tires everywhere.
    The more I read and become informed about Canadian Tire, the more I realize someone has to do something.
    Canadian Tire must change the way they do business and be held accountable.
    Here's what Canadian Tire knows:
    When you go to small claims, the paralegal wants just as much money as the lawyer to start the case held in trust and paid up front (1500) but the lawyer keeps going and charges $200 per hour. The lawyer won't take the case because small claims rules on costs allow for approx. 15% of the damages. If the damages are 5,000, then you are only entitled to 750 back but the paralegal wants 1500 and the lawyer needs 5,000 or it's not worth taking your case. In small claims no one ever gets punitive damages (according to my paralegal) and you don't get paid for all the time you spent collecting evidence, waiting in line at the court to file affidavits, register documents to be served, and educating yourself on the legal system and what to do next when you decide to be self represented. For all you time and energy the court will allow up to $500 for your inconvenience. I am up to $5000 in lost time from work waiting at the court house and collecting evidence not to mention gas, mileage, and travel time. It is very stressfull and there are so many time limits and rules on serving the claim, legal name of the company, filing affidavits, etc. Most people give up.
    This is the big one. It's not going to be heard in small claims. It will take years to resolve even if I have overwhelming evidence. The more people who come forward, the stronger the case and more likely to cause reform from Canadian Tire's head office on the way they do business and the auto industry in general. Holding one franchise accountable is not enough because there is overwhelming evidence based on complaints on this web site and others that it happens everywhere.
    The objective is to promote change in the industry.
    There was a bus shelter 10 feet away from my car where my tire fell off. I could not live with myself if I killed someone.
    So, I'm doing something now but I need help.
    Share your story and provide me with permission to use it in writing. Your effort will make a difference.
    Please include your name address and telephone number and I will provide the same if you want it.
    Here are the rules from the courts of Justice act on costs for small claims court: O Reg. 258/98. It describes what the victim is entitled to if they win:

    RULE 19 COSTS

    Disbursements

    19.01 (1) A successful party is entitled to have the party’s reasonable disbursements, including any costs of effecting service or preparing a plaintiff’s or defendant’s claim or a defence and expenses for travel, accommodation, photocopying and experts’ reports, paid by the unsuccessful party, unless the court orders otherwise. O. Reg. 78/06, s. 38 (1); O. Reg. 440/10, s. 3 (1).

    (2) The clerk shall assess the disbursements in accordance with the regulations made under the Administration of Justice Act and in accordance with subrules (3) and (4); the assessment is subject to review by the court. O. Reg. 258/98, r. 19.01 (2); O. Reg. 440/10, s. 3 (2).

    (3) The amount of disbursements assessed for effecting service shall not exceed $60 for each person served unless the court is of the opinion that there are special circumstances that justify assessing a greater amount. O. Reg. 258/98, r. 19.01 (3); O. Reg. 78/06, s. 38 (2); O. Reg. 440/10, s. 3 (3).

    (4) The amount of disbursements assessed for preparing a plaintiff’s or defendant’s claim or a defence shall not exceed $100. O. Reg. 440/10, s. 3 (4).

    Limit

    19.02 Any power under this rule to award costs is subject to section 29 of the Courts of Justice Act, which limits the amount of costs that may be awarded. O. Reg. 78/06, s. 39.

    19.03 Revoked: O. Reg. 440/10, s. 4.

    Representation Fee

    19.04 If a successful party is represented by a lawyer, student-at-law or agent, the court may award the party a reasonable representation fee at trial or at an assessment hearing. O. Reg. 440/10, s. 5.

    Compensation for Inconvenience and Expense

    19.05 The court may order an unsuccessful party to pay to a successful party who is self-represented an amount not exceeding $500 as compensation for inconvenience and expense. O. Reg. 440/10, s. 5.

    Penalty

    19.06 If the court is satisfied that a party has unduly complicated or prolonged an action or has otherwise acted unreasonably, the court may order the party to pay an amount as compensation to another party. O. Reg. 78/06, s. 39

  8. #28

    Re: Need Information On Filing A Lawsuit Against Canadian Tire

    Quote Originally Posted by crnobtt View Post
    The wheel falling off is straight forward, but this is not just about that.
    It is about all the other people who will be victimized in the future by all the other Canadian Tires everywhere.
    The more I read and become informed about Canadian Tire, the more I realize someone has to do something.
    Canadian Tire must change the way they do business and be held accountable.
    Here's what Canadian Tire knows:
    When you go to small claims, the paralegal wants just as much money as the lawyer to start the case held in trust and paid up front (1500) but the lawyer keeps going and charges $200 per hour. The lawyer won't take the case because small claims rules on costs allow for approx. 15% of the damages. If the damages are 5,000, then you are only entitled to 750 back but the paralegal wants 1500 and the lawyer needs 5,000 or it's not worth taking your case. In small claims no one ever gets punitive damages (according to my paralegal) and you don't get paid for all the time you spent collecting evidence, waiting in line at the court to file affidavits, register documents to be served, and educating yourself on the legal system and what to do next when you decide to be self represented. For all you time and energy the court will allow up to $500 for your inconvenience. I am up to $5000 in lost time from work waiting at the court house and collecting evidence not to mention gas, mileage, and travel time. It is very stressfull and there are so many time limits and rules on serving the claim, legal name of the company, filing affidavits, etc. Most people give up.
    This is the big one. It's not going to be heard in small claims. It will take years to resolve even if I have overwhelming evidence. The more people who come forward, the stronger the case and more likely to cause reform from Canadian Tire's head office on the way they do business and the auto industry in general. Holding one franchise accountable is not enough because there is overwhelming evidence based on complaints on this web site and others that it happens everywhere.
    The objective is to promote change in the industry.
    There was a bus shelter 10 feet away from my car where my tire fell off. I could not live with myself if I killed someone.
    So, I'm doing something now but I need help.
    Share your story and provide me with permission to use it in writing. Your effort will make a difference.
    Please include your name address and telephone number and I will provide the same if you want it.
    Here are the rules from the courts of Justice act on costs for small claims court: O Reg. 258/98. It describes what the victim is entitled to if they win:

    RULE 19 COSTS

    Disbursements

    19.01 (1) A successful party is entitled to have the party’s reasonable disbursements, including any costs of effecting service or preparing a plaintiff’s or defendant’s claim or a defence and expenses for travel, accommodation, photocopying and experts’ reports, paid by the unsuccessful party, unless the court orders otherwise. O. Reg. 78/06, s. 38 (1); O. Reg. 440/10, s. 3 (1).

    (2) The clerk shall assess the disbursements in accordance with the regulations made under the Administration of Justice Act and in accordance with subrules (3) and (4); the assessment is subject to review by the court. O. Reg. 258/98, r. 19.01 (2); O. Reg. 440/10, s. 3 (2).

    (3) The amount of disbursements assessed for effecting service shall not exceed $60 for each person served unless the court is of the opinion that there are special circumstances that justify assessing a greater amount. O. Reg. 258/98, r. 19.01 (3); O. Reg. 78/06, s. 38 (2); O. Reg. 440/10, s. 3 (3).

    (4) The amount of disbursements assessed for preparing a plaintiff’s or defendant’s claim or a defence shall not exceed $100. O. Reg. 440/10, s. 3 (4).

    Limit

    19.02 Any power under this rule to award costs is subject to section 29 of the Courts of Justice Act, which limits the amount of costs that may be awarded. O. Reg. 78/06, s. 39.

    19.03 Revoked: O. Reg. 440/10, s. 4.

    Representation Fee

    19.04 If a successful party is represented by a lawyer, student-at-law or agent, the court may award the party a reasonable representation fee at trial or at an assessment hearing. O. Reg. 440/10, s. 5.

    Compensation for Inconvenience and Expense

    19.05 The court may order an unsuccessful party to pay to a successful party who is self-represented an amount not exceeding $500 as compensation for inconvenience and expense. O. Reg. 440/10, s. 5.

    Penalty

    19.06 If the court is satisfied that a party has unduly complicated or prolonged an action or has otherwise acted unreasonably, the court may order the party to pay an amount as compensation to another party. O. Reg. 78/06, s. 39
    How are you making out with this? I have a court case being prepared against Canadian Tire right now. Perhaps if there are a few of us we could start a class action....

  9. #29
    Senior Member CTH8R's Avatar
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    Re: Need Information On Filing A Lawsuit Against Canadian Tire

    Unfortunately, your lawsuit is likely only with "Bob's Bakeware and Auto Repairs", which carries on business as "Crappy Tire #123" or some such name.

    It would be harder to prove that Canadian Tire Corporation is to blame - they will likely just point the finger at Bob, and say he's gone off & done his own thing - nothing to do with CTC.

    But you might be able to make a case that CTC advertised on his behalf, and tricked you into thinking this was part of a chain, and therefore owed you a duty of care, to ensure that Bob was competent and honest, and that you relied on their defacto recommendation of Bob, to your detriment.

    I hope it works out for you, though!

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