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