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Copyright 2007, Canadian Motor Vehicle Arbitration Plan
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COMPLAINTS TO CAMVAP
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What is CAMVAP?CAMVAP is an "arbitration" program that can help you resolve disputes with an automobile manufacturer. These disputes can be about defects that you allege in the manufacture of your vehicle or how the manufacturer is implementing its new vehicle warranty. Most domestic and imported passenger cars, light trucks, sport utility vehicles, vans and multi-purpose passenger vehicles that are purchased or leased in Canada are covered by CAMVAP. The vehicle must be from the current or the previous four (4) model years. A list of all manufacturers that participate in CAMVAP and their contact telephone numbers is at the back of this booklet.
CAMVAP is currently the largest consumer product arbitration plan in Canada.
Created in 1994, CAMVAP's objective is to help consumers resolve disputes with vehicle manufacturers or distributors through arbitration, in a way that is fair, fast, free, friendly and final.
CAMVAP conducts its business across Canada using the same Agreement for Arbitration in each Province and Territory. That means no matter who you are, or where in Canada you live, all cases are handled the same way.
What Is Arbitration?Arbitration means that you and the vehicle manufacturer both agree to accept the decision of an impartial person (the arbitrator) who will listen to both sides of the case, weigh the evidence, and make a decision that is final and binding on both you and the manufacturer. Arbitration is governed by Provincial and Territorial Arbitration Acts and, in some Provinces by consumer protection legislation and other applicable laws, including, in Quebec, the rules of public order. These laws also describe the limitations which may be placed on an arbitrator's authority and the circumstances when a decision or award may be subject to judicial review, appeal, or, in Quebec, annulment.
CAMVAP Or Court - Know Your AlternativesIt is very important that you investigate the choices available to you. Weigh the pros and cons of each option carefully before you choose which course to take.
Compare your alternatives closely. Choose carefully between going to CAMVAP or going to court. The range of remedies or solutions available to the arbitrator may be more or less than remedies or solutions available to you by going to court. Make sure you choose the alternative that is best for you and your situation.
You may go to court, or you may use CAMVAP, but you may not do both. If you have been to court, you cannot come to us. If you have had a CAMVAP arbitrated hearing, then you cannot go to court.
It's a good idea to find out what the court process involves. If you have never been to court, you may want to research the process. You should also check the consumer protection laws in your Province or Territory as they may suggest another course of action.
How To Reach UsKeep our toll free number handy: 1-800-207-0685 or start the process directly from our website at www.camvap.ca.
Why CAMVAP?There are several advantages to using our services. The CAMVAP process is:
How is CAMVAP Governed?CAMVAP is a corporation whose members are:
CAMVAP's Board of Directors consists of representatives of consumers, governments, and vehicle manufacturers, distributors and dealers, as follows:
The policies set by the Directors are continually reviewed and updated to ensure that CAMVAP's practices and operations balance the interests of all concerned.
CAMVAP Is FairSince CAMVAP began in 1994, consumers with vehicle problems or warranty concerns just like yours have come to CAMVAP to resolve their disputes. What you can expect -- and will get -- is a fair hearing and a fast decision from an impartial arbitrator.
The ArbitratorsArbitrators who have agreed to provide their services to CAMVAP come from many different backgrounds and professions, but they have three important traits in common:
Although we can't promise that the arbitrator will rule in your favour, we can promise that our arbitrators are good listeners. They are trained to consider and weigh the facts and arguments on both sides of the dispute and then make fair and honest judgments. The arbitrators are not automobile experts. Their skill is making reasoned decisions based on the case presented by both sides of the dispute. To help them, be sure you have all your documents, records and receipts in order so that you can make the best presentation possible about the problems with your vehicle.
What Can An Arbitrator Order?A CAMVAP arbitrator can order:
An arbitrator can order one or a combination of these remedies. For example, the arbitrator might award you reimbursement for repairs and out-of-pocket expenses.
Sometimes, the manufacturer and consumer may settle the dispute privately before the hearing.
In rare instances, the arbitrator may decide that he or she has no jurisdiction and make a decision to terminate the hearing.
What Can An Arbitrator Not Order?Arbitrators cannot order:
Awards and program outcomes from 2000 to 2006
Remember, the arbitrator makes decisions based on the evidence that you and the manufacturer give at the hearing. You must prepare your case carefully to ensure the arbitrator clearly understands all the issues. Updated statistical information on the program's case handling and results is available on the website at www.camvap.ca.
CAMVAP Is FastFrom start to finish, the CAMVAP process takes about seventy (70) days. Some cases may take longer, particularly if the vehicle requires a technical inspection.
By contrast, going to court will likely take longer than using the CAMVAP process. Because court calendars are often very crowded, it may take anywhere from 6 to 24 months from the time you file your claim until you get into court. After that, it may take as long as a year before you receive a decision.
At CAMVAP, within fifty (50) days after we receive your completed application, we will notify you where and when your hearing will be held. Then, within fourteen (14) days after your hearing, we will mail the arbitrator's decision to you.
Who Is Eligible?CAMVAP is available to settle your dispute provided that:
Who Is Not Eligible?CAMVAP cannot help you if:
CAMVAP Is FriendlyCAMVAP arbitration hearings take place in a much less formal atmosphere than a court, often with just three people -- you, the arbitrator and the manufacturer's customer service representative -- seated around a table.
Both you and the manufacturer will have to swear an oath or make a solemn affirmation as to the truth of what is said. After each of you presents your case, you will be able to ask questions of each other.
Remember though, you must be well prepared. The arbitrator wants to hear all the evidence and facts from both sides.
May I Bring Witnesses?You may bring witnesses to testify on your behalf if they have information relating to the case. The manufacturer can bring witnesses too.
If you decide it is necessary to ensure a witness testifies or brings relevant documents to the hearing, you may obtain a summons to witness or subpoena to assist you. However, you must pay, in advance, for all of the costs associated with obtaining the summons or subpoena. In certain circumstances, your documented costs to obtain a summons to witness or subpoena may be reimbursed (up to a maximum of $100 per case) if the arbitrator determines that the evidence provided by the witness or witnesses was material to your case.
You can contact the Provincial Administrator for information about obtaining a summons to witness or subpoena in your Province or Territory.
Remember, the arbitrator cannot place very much weight on indirect or second hand evidence such as "something that someone told you" which you cannot substantiate at the hearing. More persuasive evidence is first-hand information that is given in person at the hearing.
May I Bring My Lawyer or Someone Else to Assist Me?Although it is not necessary to bring legal counsel to the hearing, if you would feel more comfortable having your lawyer present, it's perfectly all right. However, your legal fees must be paid by you. In most cases, the manufacturer's representative will not have a lawyer at the hearing.
Instead of a lawyer, you may bring anyone of your choice (e.g. an agent) to assist you in presenting your case.
The hearing will be limited to you and the manufacturer, legal counsel or agents for either party, witnesses and the arbitrator.
May I Have An Interpreter?The hearings are conducted in one of Canada's official languages -- either English or French. If you wish, you may ask CAMVAP to arrange an interpreter for you. You should be prepared to pay for the services of the interpreter, unless the interpretation is in one of Canada's official languages.
Let Us KnowIf you decide to bring a lawyer, a person to assist you, witnesses or an interpreter to the hearing, you must notify CAMVAP at least ten days before the hearing.
Possible Extra CostsRemember, even if the arbitrator rules in your favour, you are responsible for paying all fees and expenses for your lawyer, witnesses (including any costs associated with obtaining a summons to witness or subpoena, unless you are entitled to the limited reimbursement of those costs as allowed by the program) and an interpreter if the language requirement was other than for one of Canada's official languages.
DisclosureYou may discuss your involvement in CAMVAP, including the award made by the arbitrator as you see fit to do so. Only the hearing is held in private.
CAMVAP will periodically post the results of cases to its Internet site or use case information in its public reporting in a manner that identifies the make, model and year of the vehicles along with the nature of the complaint and the type of award issued by the arbitrator. Your name will not be identified.
Our annual report is available to the public by calling your local CAMVAP office, or by our website.
CAMVAP Is FinalBefore you decide to use CAMVAP to resolve your dispute, there is one thing you must keep in mind. Once the arbitrator has made a decision, that decision is final. This means that both you and the manufacturer are bound by the arbitrator's decision.
You and the manufacturer have very limited rights to have the decision examined by a court through judicial review, or, in Quebec, through annulment proceedings. You should keep in mind that you must pay for the costs of initiating these proceedings. But, neither party can appeal or seek judicial review or an annulment just because he or she does not agree with the arbitrator's decision.
Provincial and Territorial Arbitration Acts allow judicial review or annulment of the arbitration process or award. This takes place before a judge. If the judge rules that the arbitrator has exceeded his or her jurisdiction or made a mistake or an error in law at your hearing, or, in Quebec, that a decision of the arbitration was contrary to the rules of public order, then the judge may order that the decision be set aside, modified, or that a new hearing be held.
The Arbitration Acts also allow the arbitrator to correct minor errors or omissions in the award. The time limit for referring the matter back to the arbitrator varies by Province and Territory. To be safe, if you believe there is an error or something missing from the decision made by the arbitrator, you should communicate your concern in writing to the Provincial Administrator within fifteen (15) days of receiving the arbitrator's decision.
The laws governing arbitration across Canada provide that the courts may enforce an arbitrator's award. Either you or the manufacturer may apply to the courts for an order to enforce the award if the other party has not complied with it.
CAMVAP Is FreeThere are no fees charged to consumers to use CAMVAP. You pay only the expenses associated with presenting your own case, such as lawyer or witness fees or the costs associated with obtaining a summons to witness or subpoena.
Who Pays For It?The plan is fully funded by the automobile manufacturers through formulas that reflect each company's Canadian market share and past CAMVAP case experience. The manufacturer's payment for the program is calculated one year in advance and managed directly by CAMVAP. There is no connection between CAMVAP's overall funding and your individual case.
The arbitrators are paid a set fee plus expenses by CAMVAP for each arbitration.
Preparing Your Case - A Step-by-Step Guide
If you choose CAMVAP, Where Do You Go From Here? Talk With The DealerFirst, try to resolve the dispute through your dealer. Give the dealer a reasonable amount of time and opportunity to resolve the problem. If your dispute cannot be resolved at the dealership, you might consider taking your vehicle to another dealer. Sometimes a report from a diagnostic centre can be helpful in determining the problem.
Keep in mind that the dealer and the manufacturer are not one and the same. Generally speaking, the dealer runs a separate business and is not the agent of the particular manufacturer whose vehicles it is authorized to sell and service, and whose warranty it is authorized to administer. If your dispute is just between you and the dealer, it is not eligible for CAMVAP.
Talk With The ManufacturerIf you still feel dissatisfied, call the manufacturer's customer assistance centre. A list of their telephone numbers is on the last pages of this booklet. You may be asked to meet with the manufacturer's representative. Work with the dealer and the manufacturer to try and resolve the dispute.
Follow the Manufacturer's Dispute Resolution ProcessIn the owner's handbook or warranty manual that comes with your vehicle, there is a process set out to resolve a dispute between you and the manufacturer. You must follow these steps before you come to CAMVAP.
Keep Accurate RecordsKeep all your documents. Invoices, letters, service records, bills of sale, work orders, receipts for out-of pocket expenses, lease agreements and contracts may be vital in presenting your case. It's a good idea to make copies of all these documents, as you will need to include photocopies with your CAMVAP application. A log of the steps you have taken showing when and whom you dealt with may also be useful.
Call CAMVAP 1-800-207-0685 or start the process at www.camvap.caCAMVAP uses many different agencies across Canada to deliver the program to you. These independent organizations, called Provincial Administrators, have a contract with CAMVAP to provide the CAMVAP program in your Province or Territory.
If you believe the problem or concerns with your vehicle are eligible for CAMVAP, the process starts with your phone call to the Canada-wide toll free number. When you call, please feel free to ask questions. The process can also be started through CAMVAP's website.
Step 1 · Determining Eligibility
Call the Provincial Administrator. You will be asked about your vehicle, and whether you have followed the manufacturer's dispute resolution process and tried to settle the dispute through the dealer and manufacturer. The Provincial Administrator will then contact the manufacturer to confirm the information you have given in order to determine if your vehicle is eligible for CAMVAP. This process takes about five days.
If your dispute does not qualify, the Provincial Administrator will send you notification in writing. The most frequent reasons for not qualifying are a high level of business use for the vehicle or failing to follow the manufacturer's dispute resolution process.
Copies of the full Agreement for Arbitration and the buy-back calculation forms are available on the CAMVAP website at www.camvap.ca or from the Provincial Administrator.
Step 2 · The Application Package
The Provincial Administrator will mail or give you an application package that includes:
Our goal is to have your case heard and an award issued within seventy (70) days of receiving the completed application package from you.
Step 3 · Send Us Your Application
Read all the forms and documents carefully. If you agree with all the terms of the Agreement For Arbitration, then begin by filling out the Claim Form. If you need more space, attach extra pages. Don't forget to attach copies of all your documents (do not send the originals -- photocopies are perfectly acceptable). State the issues you want to arbitrate clearly in the Problem Identification section of the Claim Form. These are the problems on which you will be asking the arbitrator to make a ruling. The arbitrator cannot rule on problems that are not included in this section of the Claim Form.
If you will be asking for a buy-back of your vehicle, use the forms in this booklet to calculate the amount you expect to receive. Remember, only you know whether a buy-back of your vehicle is the best result for you. If you have difficulty in calculating the amount, the Provincial Administrator will assist you.
Review the letter accompanying the Claim Form to make sure you haven't forgotten anything. Be sure to indicate if you are bringing a lawyer or witnesses or if you will need the services of an interpreter. See Step 6 for more information on witnesses.
You have sixty (60) days from the date on which the Provincial Administrator gives or sends you the Claim Form to return it to the Provincial Administrator. If you do not return the Claim Form within the sixty (60) days, your claim will not be processed. You may reapply to the program at any time in the future providing your application meets the criteria for a CAMVAP arbitration.
Mail or deliver your signed and completed Claim Form to the Provincial Administrator who originally sent you the documents. Be sure to include copies of all documents you will be presenting at the hearing to strengthen your case. Also include your first, second and third choice for arbitrator. CAMVAP will try to honour your first choice. NOTE: If the vehicle is leased, you must obtain the lessor's signature on the Claim Form. This can usually be arranged by contacting the lessor directly.
NOTE: If you are unsure of some of the terms of the Agreement For Arbitration, either speak with your lawyer, or call the Provincial Administrator for clarification.
Step 4 · Setting Up the Hearing
The Provincial Administrator will forward your application package to the manufacturer to get their representative's signature on the Claim Form. This step takes about ten days. If you are eligible for arbitration, and you have included all the required documents and information, the hearing with the arbitrator will be set within fifty (50) days of CAMVAP receiving your completed application.
Step 5 · The Manufacturer's Response and Resolving any Pre-Hearing Issues
The Provincial Administrator will forward to you a copy of the manufacturer's response and copies of the documentation that the manufacturer intends to use at the hearing. If the manufacturer does not respond within a reasonable time, the Provincial Administrator will forward the file to the arbitrator noting that a response and the manufacturer's documents have not been received.
The arbitrator will determine if a pre-hearing teleconference is needed to resolve any issues prior to the in-person hearing. You, the arbitrator and the manufacturer must all agree to using a teleconference rather than an in-person hearing. The Provincial Administrator will make all the arrangements for the teleconference if one is required. You will be given a toll-free number for the teleconference. Use of a teleconference may resolve your case more quickly.
The pre-hearing teleconference will resolve any outstanding issues of jurisdiction or exchange of documentation or information prior to the hearing. In some cases, it is possible that all issues will be resolved and an in-person hearing will not be necessary. Also, in some instances, the arbitrator may order a technical inspection of your vehicle to be completed prior to the hearing. This inspection will be completed at no cost to you.
Step 6 · Before The Teleconference and In-Person Hearings
Before the hearing:
Be well prepared. You know your side of the case very well, but also study the case from the manufacturer's viewpoint. You can expect that the manufacturer's representative will want to ask you some questions at the hearing.
If you are bringing your lawyer, someone to assist you or witnesses, make sure they know the place, time and date of the hearing. If you obtain a summons to witness or subpoena to compel a witness to attend, it is your responsibility to ensure the summons or subpoena is properly issued and served. Remember, the arbitrator can place very little weight on hearsay or second-hand evidence. The best evidence is that which is given first-hand and in person at the hearing.
At least ten (10) days before the hearing, let the Provincial Administrator know if you will be bringing your lawyer and/or witnesses, and if you need an interpreter. You must give the names, titles and purpose of your intended witnesses who will be attending the hearing. The manufacturer must provide the same information for those people that it will be bringing to the hearing.
Make sure your witnesses are well briefed on the importance of their testimony in your hearing. Make a written summary of what points each witness will cover.
Settlement Before Arbitration
Before the date of your hearing with the arbitrator, it is possible that the manufacturer may decide to make you an offer that could settle the dispute.
If you decide to accept the settlement, please advise the Provincial Administrator so that your file may be closed.
Technical Inspection Before the Arbitration
In some cases, the arbitrator may order a technical inspection of the vehicle to be completed prior to an in-person or teleconference hearing. See Step 8 below for information on technical inspections.
Your job at the hearing is to present your best case in a way that will convince the arbitrator to make a decision in your favour. To do this, you must establish the relevant facts through presentation of evidence, such as witnesses and documents. Your arguments should set out a logical line of reasoning as to why the arbitrator should do what you ask.
The arbitrator's job at the hearing is to listen to the presentations from both you and the manufacturer and to make a decision on the issues based on presentations from the participants. The arbitrator does not take sides or make the case for either party, although the arbitrator may ask questions.
The arbitrator runs the hearing and will make decisions about procedure when necessary.
Remember, at the hearing:
You and the manufacturer will each take turns presenting your case to the arbitrator. Both sides will have an opportunity to question each other and to respond to the other side's case.
When making your case:
During the manufacturer's presentation, you should:
Bring your vehicle. You must have it at the hearing so that you, the arbitrator and the manufacturer's representative can look at the vehicle or take it for a test drive if the arbitrator wishes to do so. Please make sure it is clean so that it can be easily inspected.
If you have requested a buy-back and your vehicle has accident damage or parts are missing, the arbitrator may ask you to get estimates for repairs or for replacing any missing parts.
Step 8 · The Technical Inspection - If one is ordered
Before, at, or after the hearing, the arbitrator may order a technical inspection to be done on your vehicle. The Provincial Administrator will make the arrangements for this inspection. Both you and the manufacturer's representative may be present at the inspection. The technical inspection is performed at no cost to you.
If a technical inspection is ordered, you will be notified of the time and place by the Provincial Administrator or by the organization conducting the technical inspection. Unless there are unexpected circumstances, the technical inspection will be ordered within seven (7) days of the hearing and will normally be conducted within ten (10) days of the arbitrator notifying the Provincial Administrator that a technical inspection is required.
To fully assess your vehicle in accordance with the arbitrator's direction, the inspection may include disassembly and reassembly of vehicle components as determined by the technical examiner. Following the technical inspection, the examiner will issue a written report that will be forwarded by the Provincial Administrator to the arbitrator and to you and the manufacturer. Unless otherwise ordered by the arbitrator, both you and the manufacturer will have seven (7) days from the date the Provincial Administrator sends out the technical inspection report to comment on the report.
Within fourteen (14) days after your hearing (or after the technical inspection, if one is required), both you and the manufacturer will be mailed a copy of arbitrator's decision.
If the arbitrator has awarded repairs, you must make the vehicle available, and you and the manufacturer's authorized dealer must co-operate with each other to ensure the repairs are completed within thirty (30) working days. If the repairs are unsatisfactory, you can ask the Provincial Administrator to refer the matter back to the arbitrator. You have ninety (90) days from the date the repairs are completed in which to do this, otherwise the arbitrator can no longer assist you.
If your award is for a buy-back, the manufacturer has twenty-one (21) days after receiving the arbitrator's decision to comply with the ruling. It is your responsibility to provide all necessary documents to facilitate the buy-back or transfer of your vehicle.
If your award is for payment for repairs, out-of-pocket expenses or costs associated with a summons to witness or subpoena, payment will be forwarded to you within twenty-one (21) days.
If, however, the arbitrator rules in the manufacturer's favour, the case is closed.
How Do We Rate?CAMVAP wants to hear from you. Within one to two months after your hearing (or even if you decide to withdraw from the program before your hearing), an independent survey company engaged by CAMVAP will contact you by telephone so that you can let us know how we rate with you.
Let us know how you feel about us. Please answer all the questions. Your input and suggestions will help us to continue to improve the program.
Complaint ProcessCAMVAP has in place a process for dealing with complaints about arbitrators and will deal with your complaint in a fair and responsible manner. If you have a complaint about an arbitrator, or how the hearing was handled you may submit the complaint in writing to CAMVAP by mail or directly from the CAMVAP website. A copy of the CAMVAP complaint process and filing information is available on the CAMVAP website at www.camvap.ca. For the complaint to be considered the jurisdiction of the arbitrator must be at an end and the decision or award of the arbitrator must not be the subject of an application for judicial review or an appeal, or, in Quebec, an annulment.
You, or your agent, may initiate a complaint about jurisdictional issues. Only you, or the person who represented you at the hearing, may register any complaint about hearing protocol (how the hearing was handled) or hearing procedure.
The CAMVAP complaint procedure assists the program in monitoring the services provided to it by the arbitrators and by the Provincial Administrators. The result of your arbitration cannot be changed, altered or amended through the complaint process. As part of the complaint handling process, you will be required to confirm in writing that the matter is not and will not be the subject of an appeal to the courts. An independent arbitration specialist engaged by CAMVAP will contact you directly about your complaint. This person will also report the disposition of the complaint and any recommendations that will be made to the CAMVAP Board of Directors through its Arbitrator Review Committee.
If you believe that the award or result of your hearing was improper because the arbitrator erred in law or erred in his or her assessment of the facts, then you may want to consider an appeal to the courts. To do so, please refer to the Arbitration Act in your Province or Territory or the Code of Civil Procedure in Quebec.
... And Always Remember, We're Here To Help YouThe Provincial Administrator's offices are open Monday to Friday. We'll be glad to answer any questions you might have. Just give us a call (toll free) at 1-800-207-0685.
Information on CAMVAP, including copies of our past Annual Reports, can be found on our Internet website at www.camvap.ca
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Copyright 2010, Canadian Motor Vehicle Arbitration Plan
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