Is It Time for Ontario to Introduce a Lemon Law to Protect New Car Buyers?
2024-11-14
Author: Liam
Introduction
In Ontario, a shocking case has surfaced, highlighting the urgent need for a consumer protection law known as a 'lemon law.' A Waterloo resident, Peter Cybulski, recently purchased a brand-new electric car, only to have it malfunction after just six days on the road. 'It has left me doubting whether or not I made the right choice,' he expressed, reflecting the frustration many new car buyers might feel.
The Case of Peter Cybulski
Cybulski bought a 2025 Kia EV9 SUV for an eye-watering $90,000, expecting the reliability often associated with a new vehicle. However, upon bringing it home, he found himself unable to drive it. 'You can’t put it into drive, you can’t put it into reverse, you can’t put it in neutral. It stays locked in park,' he reported. Since then, his car has been stuck in the shop for over a month, leaving him with a functioning vehicle for a mere six days out of 36.
Consumer Protection Gap in Ontario
Desperate for a solution, Cybulski urged the dealership to either replace his defective vehicle or offer him a full refund. 'Exchange our vehicle for one that functions or give us a refund,' he insisted. Currently, consumers like Cybulski are left receiving little protection in Ontario. Unlike in the United States, which has robust lemon laws to help buyers of faulty vehicles, Ontario does not offer similar legal recourse. According to Mohamed Bouchama of Car Help Canada, 'Canadians from a consumer protection point of view are not as well protected as in the United States.' While there is a Canadian Motor Vehicle Arbitration Plan (CAMVAP) to assist with automotive disputes, this program does not cover all scenarios and requires arbitration rather than immediate remedies.
Potential Benefits of a Lemon Law
Experts argue the introduction of a lemon law in Ontario could transform the experience of car buyers. Such a law would enable consumers to return a new car after multiple failed repair attempts, commonly referred to as the 'three strikes, you’re out' rule. 'If you take the car back to the dealer three times and they can’t fix it, they have to give you a new car or your money back,' Bouchama explained. Quebec has already implemented a lemon law, prompting calls for similar laws throughout Canada.
Kia Canada's Response
In response to Cybulski’s situation, a Kia Canada spokesperson acknowledged the issue affecting a limited number of 2025 EV9s related to an electronic shift lever malfunction. 'We have expedited the replacement parts for the affected units, which have started arriving this week. All impacted customers will be notified to bring their vehicle in for repairs,' the spokesperson said.
Conclusion
Following an escalation of his case to local media, Cybulski’s SUV has finally been repaired, allowing him to hit the road again—although with concerns lingering about future reliability issues. 'It’s a relief to finally get my car back,' he commented, but his experience highlights the pressing issue in Ontario's auto market: potential buyers deserve the protections afforded in other regions.
As the debate surrounding consumer protection laws continues, advocates stress that introducing a lemon law in Ontario could spare many from experiencing the stress and financial burden associated with faulty vehicles. With increasing interest in electric vehicles and their complexities, safeguarding customers has never been more crucial.