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Old 10-10-2012, 03:13 PM   #73
Rinty
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Joined: Jun 2011
Location: Calgary, Alberta
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Quote:
...small claims court...BobLoblaw
In Canada, jurisdiction over private property matters is vested in the provinces. In this case, the appropriate forum is probably a New Brunswick small claims court, and an action, if brought, would be based on breach of contract. An attorney would probably plead in tort as well, although it would be difficult to prove negligence, unless you could produce an expert witness.

There is consumer legislation in New Brunswick, but I don't know if any of it would apply to a situation like this. Here is a link to the N.B. provincial consumer rights agency:

http://app.infoaa.7700.gnb.ca/gnb/pu...462&DeptID1=45

Unfortunately, in the event of a dispute such as this one, most dealer's won't release the bike unless the bill is paid, and in some provinces they have the right to a possessory lien until payment is made.
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