Unit 3: Tort and Dispute Resolution

CHAPTER 11: RESOLVING CIVIL DISPUTES

E-ACTIVITY: CANADIAN MOTOR VEHICLE ARBITRATION PLAN (CAMVAP) (p. 331)

Activity: Make Judgments as a CAMVAP Arbitrator

Do you have a problem with your motor vehicle that your dealer has been unable or is unwilling to remedy? Are you having difficulty implementing your new vehicle warranty? How can you resolve your problem without the expense of going to court? The recently developed Canadian answer to these questions is the Canadian Motor Vehicle Arbitration Plan (CAMVAP).

Taking on the role of arbitrator, you will have a chance to make judgments on four cases. In preparation, find out about the program by answering Questions 1–3. You can find the information you’ll need by visiting the CAMVAP Web site and selecting “Your Guide To CAMVAP.”

1. Using the guide cited above, answer the following five questions.
   • What is CAMVAP?
   • Briefly summarize the eligibility requirements.
   • Outline five types of cases that would not be heard under the CAMVAP system.
   • Briefly outline the steps to the CAMVAP process.
   • Outline the types of awards CAMVAP arbitrators can award.
2. Explain five advantages of using the CAMVAP system.
3. Summarize the recent statistical results for awards, and rank order the types of awards. What patterns do you see?
4. Now you're ready for the arbitration. Consider each of the following four situations. As arbitrator you must write a brief judgment for each. In your judgments, include answers to the following, with explanations for your decisions.
   • Is the owner eligible?
   • Is the vehicle eligible?
   • Is an award justified?
   • If so, what kind of award is in order?
   • If money is involved, what amount of money would you award?

   Applicant 1: Savannah Graham's convertible is three years old. She's tried through the dealer and the manufacturer to fix or replace the convertible top, which doesn't close properly, but neither has been willing to do so.

   Applicant 2: Iqbal Mohammed's vehicle was purchased at an authorized dealer in Canada. He now lives in Iowa, US. The automatic windows don't work, and he can't get the Canadian dealer to fix them.

   Applicant 3: Susan Garibaldi's multi-purpose passenger vehicle weighs 4535 kilograms. The brakes didn't work well. Because the dealer couldn't fix them, she went to an auto mechanic, who fixed them immediately for $650.00.

   Applicant 4: Sammy Ping's car stalls frequently, and the dealer and manufacturer can't solve the problem. Ping has taken the manufacturer to court and he's not impressed with his chances. He drops the lawsuit in favour of an arbitration process.