Motor Vehicle Repairs

May 20, 2010

By Susan Irwin, Executive Director / Lawyer, Rural Legal Services

One of the realities of living in this area is the need for a source of reliable transportation. There are no buses, no taxis, no subways, and except for volunteer drivers, good neighbours, family members or friends and/or the Rural Routes program, you’re on your own. For most of us that translates into owning a motor vehicle of some sort and, as we all know, they need maintenance and repairs.

Motor vehicle repairs are one of the most common sources of complaints to the Ministry of Consumer Services. The Ministry is responsible for the Consumer Protection Act, 2002, (the “CPA”) the key piece of legislation in Ontario that aims to protect consumers. The CPA covers anyone who repairs motor vehicles and sets out an extensive list of rules that are supposed to be followed.

When you take your vehicle to the repair shop you should be confronted by a sign, or signs, that are prominently displayed and easy to read. The signs should set out some basic information, such as the hourly labour rate, and the fee for estimates (if any).

No repair work can be performed by the repairer unless you have authorized it, either orally or in writing. The repairer is required to make a note of the name of the person authorizing the repair work, the date and time of the authorizations, and how the authorization was received (by telephone, in person, etc.).

You should read the work order, or other paperwork, including the final invoice with some attention. In a perfect world, and if everybody followed the rules of the CPA, there would be no surprises! The work should be what you had authorized, and the final price should be determined in accordance with that authorization.

Unfortunately, people often fail to read signs or work orders, and repairers and consumers sometimes have, for want of a better description, a failure to communicate. If you are unhappy with the work that has been done, then you should discuss the matter with the repairer. If that gives you no satisfaction, then you should go through the usual steps, such as sending a letter outlining your complaints to the repairer, before you file a formal complaint with the Ministry. The Ministry can investigate your complaint and can order that the repairer meet the obligations set out under the CPA. The repairer can also be prosecuted by the Ministry and, if convicted, can face substantial fines or even imprisonment.

If you don’t pay the bill, and the terms of the CPA have been followed by the repairer, then the vehicle does not have to be released to you. Under a separate piece of legislation, called the Repair and Storage Liens Act, the repairer can keep a vehicle if the bill for repairs is unpaid. If nothing is done to deal with the outstanding bill for 60 days after the bill is due, then the repairer can sell the vehicle to try to recover the amount owing. If you refuse to pay the repairer, and want to dispute the bill, then you can pay the full amount invoiced into the Small Claims Court as part of an application under the Repair and Storage Liens Act. Once the application has been started and the payment made to the Court, the vehicle must be released to you.

Because maintaining and repairing a motor vehicle can result in major costs to the consumer, the CPA sets out a fairly complete set of rules to be followed by the repairer, and in this column we have only touched on a few of the key points. As our motor vehicles become more complicated and more costly to repair, it is certainly a good idea for consumers to educate themselves on their rights under the CPA. If you have access to the internet, we would recommend spending a few minutes on the Ministry’s website, http://www.sse.gov.on.ca/mcs/en/Pages/Motor_Vehicles_Car_Repairs.aspx . You can also contact the Ministry, toll free, at 1-800-889-9768, to obtain more information and a copy of the brochure “What You Need to Know About Motor Vehicle Repairs”.

We are also available to provide information on your legal rights as a consumer and, where individuals meet the financial eligibility criteria of Legal Aid Ontario, to provide assistance in having those rights upheld.

Legalese is a column of general information and opinion on legal topics by the lawyers of Rural Legal Services, Box 359, Sharbot Lake, ON, K0H2P0, 613-279-3252, or 1-888-777-8916. This column is not intended to provide legal advice. You should contact a lawyer to determine your legal rights and obligations.