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1. The Defendant, Ford Motor Company of Canada, Limited ("Ford") is a company incorporated under the
laws of Canada having its head office in the City of Oakville, Province of Ontario.
2. Ford denies all allegations in the claim except where admitted herein and puts the Claimant to the strict
proof thereof.
3. As to all of the claim, Ford states as follows:
(a) The vehicle in question, a 1998 Ford Windstar (the "vehicle"), was originally sold by a dealer in ~
Ville De Laval, Quebec to a person other than the Claimant on May 1, 1997, which date is the
warranty start date.
(b) The warranty provided by Ford on the vehicle included basic coverage for 36 months or 60,000
kilometres, whichever came first (the "warranty"). The latest date on which the warranty would
have been effective was May 1, 2000.
(c) On December 4,2002, the Claimant contacted the Ford Customer Service Centre and advised
that the head gaskets in his vehicle had "blew" and that he had heard on the internet that there
was a problem with this item. The Claimant advised he was looking for assistance from Ford.
(d) The Claimant was advised that the vehicle was beyond the warranty coverage and that Ford
would therefore be unable to help him with his request. The Claimant was also advised that
there were no warranties, special programs or extended warranties that could assist him with this
item.
(e) Ford denies that it was in breach of any term, condition and/or warranty applicable to the vehicle
and puts the Claimant to the strict proof thereof.
(f) Ford states that the warranty on the vehicle had been expired for over two years and that Ford
was under no obligation to cover the requested repair/replacement if such repair/replacement was
proper or necessary, which is not admitted but is specifically denied.
(g) Further or in the alternative, Ford states that the head gasket on the vehicle was manufactured in
accordance with its design specifications and was of a safe and proper design and was suitable
for the purposes for which it was intended and was free from all defects.
(h) Further or in the alternative, Ford states that in the event that the Claimant suffered damage,
which is not admitted but specifically denied, it did not occur as a result of any defect in the
original components of the vehicle in question, or any act or omission on the part of Ford, but
.rather was caused or contributed to by:
(i) the failure of the Claimant to operate the vehicle in a safe manner;
(ii) the failure of the Claimant or others beyond Ford's control to take proper care and/or control
of the vehicle;
(iii)the failure of the Claimant or others beyond Ford's control to have the vehicle properly
maintained;
(iv)the failure of the Claimant-to observe the procedures and precautions stipulated in the
Owner's Manual provided with the vehicle;
(v) the abnormal use and operation of the vehicle by the Claimant or operators or others
unknown to Ford;
,;;;Ej, (vi)the improper or faulty repair or maintenance of the vehicle by the Claimant or operators or
'. others unknown to Ford;