The Notice of Claim
Two of the cases you have located by conducting searches on the BC Court of Appeal judgment database are Rushak v. Henneken and Arens v. MSA Ford Sales Ltd. Please review these cases prior to beginning to design a fresh, imaginary set of facts for your Notice of Claim. Before drafting your facts, consider why the two cases had contrasting results for the two women who purchased used vehicles from a dealership.
Using the BC Small Claims Court website https://www.ag.gov.bc.ca/courts/small_claims/info/forms.htm please draft an imaginary Notice of Claim in which a person buys a used vehicle from a dealership. (Please invent the address for the dealership rather than following the instructions in Step 2 of Making a Claim, which requires you to confirm the address for the registered office of a company through the BC Registrar of Companies.) As you respond to the Notice of Claim section entitled What Happened, explain that after a fairly short time the vehicle you have described developed a serious problem (again, it may be any problem you may imagine) and therefore the purchaser wants a refund from the dealership.
In your Notice of Claim, please include one fact which is similar to a fact in either the Arens case or the Rushak case-a fact which you believe will cause the Small Claims Court judge to decide your imaginary case in exactly the same way as your precedent case.