Pfeifer v Hardiman, 2026 BCPC 244 (CanLII)

Contracts — Sale of used vehicle — Contract terms — Sale of Goods Act, s. 18(c) — Whether implied condition of durability applied — Whether “as is” on ICBC transfer form formed part of contract — Clear and unambiguous exclusion required for used goods — Post-contractual modification without consideration rejected — Implied term not excludedContracts — Sale of used vehicle — Implied condition of durability — Sale of Goods Act, s. 18(c) — Whether engine failure after about 600 km showed lack of reasonable durability — Age, mileage, price and condition at sale considered — No definitive evidence of cause of failure — Roadworthy at purchase and delivery — Claim dismissedCivil liability — Misrepresentation — Fraudulent misrepresentation — Whether Defendant knowingly or recklessly misrepresented accident history or Nissan approval — Elements from Catalyst Pulp and Paper Sales Inc. v Universal Paper Export Company Ltd. applied — Inaccurate implication of Nissan approval found but no intent to deceive — No active concealment of service history — Claim dismissedCivil liability — Misrepresentation — Negligent misrepresentation — Whether inaccurate statement about Nissan approval was negligent — Duty of care in private used vehicle sale considered under Queen v Cognos Inc. — Breach found but reliance held not reasonable given service order provided and seller not a mechanic — No recovery for claimed losses — Claim dismissed