Punitive Damages in Canada
02-01-07, 11:02 AM
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Punitive Damages in Canada
Say you are sueing a mechanic for breaking your driveshaft, and then they try to weld it and grind it back together which would undermine the integrity of the car and put you in danger... can you sue for this?
i know you can sue for the cost of the driveshaft, court fees, labor rate, and tow fees... but can you sue for damages or potential damages?
i know you can sue for the cost of the driveshaft, court fees, labor rate, and tow fees... but can you sue for damages or potential damages?
02-01-07, 11:46 AM
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the charge sounds "mute"..after all you are gettin the cost of the driveshaft back to get another one.Therefore you are not Putting yourself in Danger anymore..So with the replacement,the other 'charge" dispppears...strictly my Way of thinking on it.But it is going to be interesting to see any Lawyer's advice(if we have one in the group!.Cough!)
02-01-07, 12:52 PM
#3
I'm not a civil litigator but you have to have suffered damages to sue for them. You can't say that I may have suffered damages. The closest you can come to try and claim something is any mental suffering that may have resulted from driving with the dangerous parts or the thought of driving with them, which will amount to about 50 cents.
And you have to prove the damages that you claim regarding the driveshaft. EG. Driveshafts are often shortened and re-welded and then re-balanced. You have to show that they made a mistake somewhere in that process.
I don't see dollars in your future but if you feel you have been wronged and they created a dangerous situation it would be a good idea to contact a regulatory body assuming this is a licensed facility.
And you have to prove the damages that you claim regarding the driveshaft. EG. Driveshafts are often shortened and re-welded and then re-balanced. You have to show that they made a mistake somewhere in that process.
I don't see dollars in your future but if you feel you have been wronged and they created a dangerous situation it would be a good idea to contact a regulatory body assuming this is a licensed facility.
Last edited by ScrappyDoo; 02-01-07 at 01:21 PM.
02-01-07, 04:21 PM
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I am planning on suing anyone that has ever sued anyone and won money. The basis of my case is that they have done financial damage to me by
a) getting money from the government which is indirectly tax money
b) getting money from the insurance company which yields higher rates for everyone
a) getting money from the government which is indirectly tax money
b) getting money from the insurance company which yields higher rates for everyone
02-01-07, 08:30 PM
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yes thats what i thought
Basically the mechanic seperated the ujoint from the driveshaft, and the ujoint is not seperable.
The mechanic performed work without permission, seperated the the ujoint, realised his mistake and try to weld/and grind the parts so it can be put back together.
Basically the mechanic seperated the ujoint from the driveshaft, and the ujoint is not seperable.
The mechanic performed work without permission, seperated the the ujoint, realised his mistake and try to weld/and grind the parts so it can be put back together.
Originally Posted by Lawyer's Spirit
I'm not a civil litigator but you have to have suffered damages to sue for them. You can't say that I may have suffered damages. The closest you can come to try and claim something is any mental suffering that may have resulted from driving with the dangerous parts or the thought of driving with them, which will amount to about 50 cents.
And you have to prove the damages that you claim regarding the driveshaft. EG. Driveshafts are often shortened and re-welded and then re-balanced. You have to show that they made a mistake somewhere in that process.
I don't see dollars in your future but if you feel you have been wronged and they created a dangerous situation it would be a good idea to contact a regulatory body assuming this is a licensed facility.
And you have to prove the damages that you claim regarding the driveshaft. EG. Driveshafts are often shortened and re-welded and then re-balanced. You have to show that they made a mistake somewhere in that process.
I don't see dollars in your future but if you feel you have been wronged and they created a dangerous situation it would be a good idea to contact a regulatory body assuming this is a licensed facility.
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02-01-07, 08:46 PM
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Mike,if you do need a driveshaft(N/A) I have one..I'm comin down your way at the End of FEB...I'm going on another "Famous Misterstyx69 Parts Run"..heh,heh!..let me know.
02-01-07, 09:23 PM
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Originally Posted by misterstyx69
Mike,if you do need a driveshaft(N/A) I have one..I'm comin down your way at the End of FEB...I'm going on another "Famous Misterstyx69 Parts Run"..heh,heh!..let me know.
02-01-07, 09:45 PM
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So let me get this right.... you want to sue over parts you already have..... WTF is wrong with this? Am I the only one that sees something wrong here?
I understand he might have cost you money if you didn't have a spare one, but you have one, and they are cheap as hell on the forums.
I understand he might have cost you money if you didn't have a spare one, but you have one, and they are cheap as hell on the forums.
02-01-07, 10:29 PM
#12
Mike, don't tell me someone molested my x-vert!!! 
In all fairness to both parties, it might be best to attempt to resolve this professionally and amicably with the 'mechanic' or the service facility where the work was performed. Posting what-ifs which often result in misinterpretations may limit your chances of coming up with a quick and fair resolution to this problem.
In all fairness to both parties, it might be best to attempt to resolve this professionally and amicably with the 'mechanic' or the service facility where the work was performed. Posting what-ifs which often result in misinterpretations may limit your chances of coming up with a quick and fair resolution to this problem.
02-02-07, 09:02 AM
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the parts car is manual, the car in question is auto... driveshaft lengths are different.
Principal involved, if a someone breaks something they should be liable for it.
Principal involved, if a someone breaks something they should be liable for it.
Originally Posted by Nismo Convert86
So let me get this right.... you want to sue over parts you already have..... WTF is wrong with this? Am I the only one that sees something wrong here?
I understand he might have cost you money if you didn't have a spare one, but you have one, and they are cheap as hell on the forums.
I understand he might have cost you money if you didn't have a spare one, but you have one, and they are cheap as hell on the forums.
02-02-07, 09:25 AM
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Originally Posted by soulja77
yes thats what i thought
Basically the mechanic seperated the ujoint from the driveshaft, and the ujoint is not seperable.
The mechanic performed work without permission, seperated the the ujoint, realised his mistake and try to weld/and grind the parts so it can be put back together.
Basically the mechanic seperated the ujoint from the driveshaft, and the ujoint is not seperable.
The mechanic performed work without permission, seperated the the ujoint, realised his mistake and try to weld/and grind the parts so it can be put back together.
02-02-07, 06:51 PM
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Originally Posted by NTIMD8
I think you mean moot.
02-02-07, 07:53 PM
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i'll show you guys a picture of the ujoint. The shop in question grinded the 'sh*t' out of it, and try to weld the ujoint back in place.
The did say that they can get a u-joint to replace the one they took off, but mentioned that they offered no guarantees and will not be liable if anything happens.
The did say that they can get a u-joint to replace the one they took off, but mentioned that they offered no guarantees and will not be liable if anything happens.
Originally Posted by Aaron Cake
That's not quite true about the u-joint. I've had driveline shops work on several FC driveshafts and none of them have had issues replacing the u-joint. It sounds like your shaft was cracked to begin with, which is a common problem on the rear u-joint on these cars. The diff mount allows the diff to nose down under stress which puts major strain on the u-joint. I've blown this u-joint out twice now.
02-03-07, 09:56 AM
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Sounds like you need to RUN to a different driveline shop.
When the shop says "we will not be liable if anything happens", that's a sure sign to take whatever they say with a large grain of salt...
Edit...If you are deperate to find a new shop, London Driveline rocks.
When the shop says "we will not be liable if anything happens", that's a sure sign to take whatever they say with a large grain of salt...
Edit...If you are deperate to find a new shop, London Driveline rocks.
02-03-07, 05:26 PM
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Hey you are still around, still at the same location or have you sold the house and moved elsewhere?. The driveshaft was molested, thats about it. Looking forward to driving the vert this spring summer as i didnt get a chance to last year (was in asia for 6 months). Apart from the driveshaft the vert is still running strong.
Originally Posted by rd_turbo
Mike, don't tell me someone molested my x-vert!!!
In all fairness to both parties, it might be best to attempt to resolve this professionally and amicably with the 'mechanic' or the service facility where the work was performed. Posting what-ifs which often result in misinterpretations may limit your chances of coming up with a quick and fair resolution to this problem.
In all fairness to both parties, it might be best to attempt to resolve this professionally and amicably with the 'mechanic' or the service facility where the work was performed. Posting what-ifs which often result in misinterpretations may limit your chances of coming up with a quick and fair resolution to this problem.
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