Gordon R. McKenzie


- By Gordon R. MacKenzie

You're just off a plane, at car rental counter. You have more luggage than you can carry and your kids are running wild. You don't have time to read the fine (and usually faint) print on the car rental agency's pre-printed contract. Should you sign? Unwisely, most people would sign without reading.

In Tilden Rent-A-Car v. Clendenning, Mr. Clendenning purchased "full non-deductible" insurance coverage when he rented his car after landing at the Vancouver Airport. The fine print stated the coverage would not apply if the driver consumed any alcoholic beverages. Mr. Clendenning signed the contract without reading it. Later Mr. Clendenning was in an accident after having a couple of drinks. Tilden refused to pay for the cost of repairing the car on the basis of the agreement.

The Ontario Court of Appeal ruled that Tilden should pay for the repair costs. They said that if a pre-printed contract contains terms beyond what a party to the contract would normally expect, reasonable steps must be taken to draw the person's attention to the unusual provision.

Mr. Clendenning was lucky; he could afford the legal costs of fighting a large corporation like Tilden. There are also many exceptions to this rule, so, don't assume its safe not to read an agreement. If you read the contract ahead of time, you can avoid a heavy handed corporate giant having its way with your rights.

This article is presented as general information only and is not to be relied on as legal advice. You should contact your lawyer to see how the law applies to your circumstances before any action is taken.

Home | Gordon R. MacKenzie | Areas of Practice | D.N.D./I.R.P | Rates | Library | Contact Us

© 2004 Gordon R. MacKenzie Professional Corporation
All rights reserved
Web Development by Positive E Solutions Inc.