Mr. Rodney MacDonald, Halifax, NS
Mr. Danny Williams, St. Johns, NL
Honest Steve's Auto Sales, 24 Sussex Drive, Ottawa, ON
Summary of Claim:
In February of 2005, Plaintiffs visited the used car dealership located at 24 Sussex Drive, Ottawa, Ontario which was then trading as Dithers Car Mart. They inspected and agreed to purchase a used Geo Storm convertible in red, for the purchase price of $4,995 plus applicable taxes. The proprietor of the dealership at the time, one Mr. Paul Martin, agreed to a sales incentive of $1,000 cash back.
Subsequently the dealership changed hands and is now trading as Honest Steve's Auto Sales. Plaintiffs became aware that there was now a Cadillac Escalade in black on the lot, with substantial after-market equipment, colloquially known as 'bling'.
It is Plaintiff's contention that by entering into the original sales agreement, Mr. Martin intended Plaintiffs to be able to pick any vehicle on the used car lot for the same purchase price and with the same cashback arrangement as the original. However, when Plaintiffs attempted to take delivery of the Cadillac, the current proprietor, Mr. Stephen Harper, refused to hand over the keys.
Honest Steve's Auto Sales claims the correct purchase price for the Cadillac is $45,000 and that the cashback sales incentive does not apply. Plaintiffs contend that the original contract was not sufficiently specific to the Geo Storm and therefore grants them the right to purchase the Cadillac and receive the cashback incentive at the same time.
Filed in Superior Court by Mr. William Casey of the firm Sue, Grabbit and Runne LLP this 13th day of June, 2007.