A woman from B.C. has started an online petition urging British Columbia to implement a ‘lemon law’ following her recent experience with a new car.
“I aim to simplify the procedure for British Columbians to reclaim their funds when purchasing a faulty car,” said Nicole Pajak.
Consumer Matters
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In February 2023, a resident of North Vancouver bought a brand-new 2023 Volkswagen electric model, the ID.4.
She mentions that it was her dream car until she began encountering issues. “The windows would roll down instead of up, the infotainment system went dark, and the interior lights flickered,” according to Pajak.
She mentions that one of the biggest ongoing issues was a brake pedal squeak. Nevertheless, the most critical problem, according to Pajak, occurred several times where her young son couldn’t get out from the back of the car since the rear doors wouldn’t open. “My child had to crawl over the front seats as we were unable to unlock the backdoors,” she explained.
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Pajak reckons she made nearly 58 visits to the car dealer, and her vehicle spent around 90 days at the repair shop.
As Canada lacks an official ‘lemon law’, Pajak opted for the Canadian Motor Vehicle Arbitration Plan, commonly referred to as CAMVAP. This program aims to settle disagreements between consumers and manufacturers.
Ultimately, a CAMVAP arbitrator granted Pajak a buyback; however, Pajak mentions that navigating this process was draining. “Although I’m not a lawyer, I found myself having to be my own representative,” stated Pajak, further noting, “Consumers bear most of the responsibility for proving their case.”
Currently, she is pushing for a ‘lemon law’ akin to the legislation in Quebec — the initial such regulation in Canada.
Quebec’s ‘lemon law’ legislation enacted in 2023 is designed to safeguard consumers who encounter faulty automobiles.
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Under the new legislation, if a vehicle undergoes three failed repairs within the initial three-year period due to the same issue, the owner has the option to seek legal recourse either to reverse the purchase or to claim compensation for losses incurred.
“Thanks to this clause, you only need to present your calendar to demonstrate that the vehicle was out of service for at least 30 days or that there were three repair attempts. Typically, a work order serves as sufficient proof, thereby simplifying the process,” said George Iny, director of the non-profit Automobile Protection Association, to Global News.
Is Quebec’s ‘lemon law’ benefiting consumers? Iny mentions that the law is still quite recent. “Given that this legislation is relatively new, we aren’t sure whether manufacturers will opt to resolve disputes out of court,” explained Iny. “So far, they’re largely ignoring its existence.”
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Meanwhile, when questioned about whether British Columbia might implement comparable consumer protection laws to those in Quebec, B.C.’s Attorney General Niki Sharma stated that they are currently reviewing the possibility.
“I’m currently examining ways to reinforce our regulations concerning this matter. While we have several key focuses regarding consumer protection, it’s beneficial to be aware of initiatives being implemented in other provinces,” stated Sharma.
CAMVAP informed Consumer Matters that they do not handle arbitration for software-related disputes and mentioned that currently, no particular modifications are planned regarding software concerns.
Pajak argues that electric vehicle owners remain exposed and emphasizes the necessity of improved legislation to address the increasing transition towards electric cars. Those consumers who wish to support Pajak’s online campaign for a lemon law have the option to sign it.
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