
An autobody shop in B.C. was ordered to pay a customer thousands of dollars for what the Civil Resolution Tribunal deemed to be substandard work.
RA paid for his vehicle to be repaired by DBM Automotive in the Fraser Valley.
Two days after he picked up his repaired vehicle, it broke down, and he accused DBM’s repair work of being substandard.
RA claimed that despite a contractual warranty, the autobody failed to reimburse the costs he had to pay after hiring two other repair shops to fix DBM’s work. He claimed $5,000 in reimbursement due to the small claims monetary limit at the Civil Resolution Tribunal.
In defence, DBM denied its work was substandard and RA’s repair costs fell outside its warranty coverage because it didn’t provide the parts that ended up failing. It denied owing RA anything.
DBM repaired RA’s 2007 Dodge Sprinter in July 2022. RA used the vehicle as a motorhome and needed the repairs done because he was going to be driving across the country with his family. DBM’s invoice says the van’s engine would not go over 2,000 RPM. Additionally, the check engine light was on.
The tribunal decision notes that DBM “pulled the intake manifolds and found they were fully loaded with carbon and that the actuator was unable to move the valves freely.”
The invoice noted that DBM “performed the job,” and the vehicle drove as intended after the fix.
RA paid a total of $5,866.02 for the repairs. He picked up the vehicle on July 12, 2022. Two days and 2,500 km later, the vehicle broke down near Vermillion Bay, Ontario. RA texted someone from DBM for assistance, referred to as CN. CN shipped a gasket to RA’s location and helped him find a mechanic. RA asked who was booking or paying, and CN responded, “I pay.”
RA hired someone from a company called Titan Heavy Repair (THR) to fix the Dodge Sprinter and paid $4,712.92 for the fix. In Halifax, RA paid $2,269.56 for further repairs.
The tribunal determined that RA’s vehicle broke down during the warranty period.
When calculating damages, the tribunal found that DBM’s warranty required it to pay for the work that THR completed on the intake and exhaust systems.
“I find it breached its contract by failing to honour the warranty,” the tribunal said.
“The invoice says THR performed 11 hours of shop labour at $140 an hour. Based on Bryn Jones’ description of their labour, I find that the other tasks they performed at THR’s shop, including the intake system repair, likely took considerably longer than resolving the high soot load issue. So, I find it is reasonable to deduct an amount equivalent to 3 hours of shop labour from the damages award. I find DBM must pay $4,712.92 less $474.60, so $4,238.32,” the tribunal added.
Including tribunal fees, the B.C. autobody shop was ordered to pay RA $4,413.32 within 21 days of the decision.