Canadian Motor Vehicle Arbitration Plan

Last updated March 17, 2019

The Canadian Motor Vehicle Arbitration Plan (CAMVAP) is a dispute resolution program for consumers in Canada who are experiencing problems with the assembly of their vehicle or with how the manufacturer implements its new-vehicle warranty. CAMVAP covers new, used, owned or leased vehicles from the current model year and up to an additional four model years old.^[1]

Dispute resolution is the process of resolving disputes between parties. The term dispute resolution may also be used interchangeably with conflict resolution, where conflict styles can be used for different scenarios,and is a judicial system which supply a apparatus for resolution of antagonisms between citizens,between citizens and the government,between two state government and between the centre and state governments.

In contract law, a warranty is a promise which is not a condition of the contract or an innominate term: (1) it is a term "not going to the root of the contract", and (2) which only entitles the innocent party to damages if it is breached: ie the warranty is not true or the defaulting party does not perform the contract in accordance with the terms of the warranty. A warranty is not guarantee. It is a mere promise. It may be enforced if it is breached by an award for the legal remedy of damages.

The model year (MY) of a product is a number used worldwide, but with a high level of prominence in North America, to describe approximately when a product was produced, and it usually indicates the coinciding base specification of that product.

CAMVAP is an arbitration program, which is free to consumers. Hearings are held in the consumer's home community. The process normally takes less than 70 days from start to finish. Most consumers are able to handle their own case without the assistance of an attorney. The manufacturers do not use attorneys; their representatives are usually current (or retired) district parts and services representatives. A vehicle inspection is normally part of an arbitration hearing, and the arbitrator can order a technical inspection of the vehicle (at the program's expense) if necessary.

Arbitration technique for the resolution of disputes

Arbitration, a form of alternative dispute resolution (ADR), is a way to resolve disputes outside the courts. The dispute will be decided by one or more persons, which renders the "arbitration award". An arbitration award is legally binding on both sides and enforceable in the courts.

CAMVAP is available to owners and lessees of new and used vehicles that were originally purchased or leased in Canada from an authorized dealer (except for BMW and—by extension—MINI, the only car manufacturer which does not participate in the CAMVAP scheme). The owner (or lessee) must be a resident of Canada. Vehicles owned by businesses may be eligible if they meet certain criteria. CAMVAP is available in every Canadian province and territory.

BMW AG is a German multinational company which currently produces automobiles and motorcycles, and also produced aircraft engines until 1945.

Mini is a British automotive marque, owned by BMW since 2000, and used by them for a range of small cars. The word Mini has been used in car model names since 1959, and in 1969 it became a marque in its own right when the name "Mini" replaced the separate "Austin Mini" and "Morris Mini" car model names. BMW acquired the marque in 1994 when it bought Rover Group, which owned Mini, among other brands.

The provinces and territories of Canada are the sub-national governments within the geographical areas of Canada under the authority of the Canadian Constitution. In the 1867 Canadian Confederation, three provinces of British North America—New Brunswick, Nova Scotia, and the Province of Canada —were united to form a federated colony, becoming a sovereign nation in the next century. Over its history, Canada's international borders have changed several times, and the country has grown from the original four provinces to the current ten provinces and three territories. Together, the provinces and territories make up the world's second-largest country by area.

CAMVAP arbitrators can order the manufacturer to:

Buy back the vehicle
Repair it at the manufacturer's expense
Pay for repairs already completed
Pay out-of-pocket expenses for items such as towing, diagnostic testing, rental cars and accommodations related to the vehicle's problem

A car rental, hire car, or car hire agency is a company that rents automobiles for short periods of time, generally ranging from a few hours to a few weeks. It is often organised with numerous local branches, and primarily located near airports or busy city areas and often complemented by a website allowing online reservations.

The arbitrator can also clear the manufacturer of liability with respect to issues raised by the consumer.

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References

↑ "Official Site". CMVAP.

External links

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[CMVAP-1] "Official Site". CMVAP.