Question 1 of 4 Rescission and contract cancellation
A dealer honestly believed the disclosure was accurate and checked it. Can the customer still cancel?
O. Reg. 333/08 under the MVDA, 2002 · reproduced on this site Press to read the wording here
(2) A person may cancel a contract under subsection (1) even if the registered motor vehicle dealer did not know the information that the dealer was required to disclose under that subsection or honestly believed it to be accurate, regardless of the steps taken by the dealer to ascertain or verify the information. O. Reg. 333/08, s. 50 (2).
Section 50(2) lets the person cancel even if the dealer did not know the information it had to disclose or honestly believed it was accurate, regardless of the steps the dealer took to ascertain or verify it. That makes the right strict: due diligence is not a defence, and the customer has no negligence or bad-faith element to prove. Chapter 6 covers cancelling a contract for non-disclosure.