Landmark $250m Claim S218173 Vancouver Supreme Court For Unfair Warranty Terms, Owner’s Manual Policies & Fraud. Could it finally be the end of General Motors?

Claim S218173 Perry v. GM / Dueck

What the case is about and why i’m

pursuing legal remedy - the Principle.

A Brief Outline: In 2019 I purchased a used 2013 GMC Terrain that came with a GM Special Coverage Warranty for Excessive Oil Consumption. The Warranty was created due to a class action in the US that had proven GM’s badly designed engines would fail. The purpose of the Special Warranty was to protect consumers to have their engines repaired or replaced If the oil consumption was excessive and the vehicle was using more than 0.946L per 3,200kms. If the oil consumption was proven to be excessive then pistons and rings needed to be replaced OR depending on the severity of the damage caused to the engine, the engine would be replaced under the Special Warranty. Owners such as myself had to take their cars in for oil consumption testing and only a couple of tests were required, as outlined in GM’s own documentation. During the time I purchased the car between 16th to 20th October 2019, I took it to Dueck in Marine Drive (a part of the Dueck Auto Group) and had the car fully serviced. They provided a Certified Vehicle Inspection check sheet on 18th October 2019 which showed there wasn’t anything wrong with the vehicle although they advised I had to have brake rotors replaced. I spent over $600 having a full service and brake rotors. A few weeks later I also had to have the Catalytic Converter replaced also under a separate Warranty and had to pay for other items. My car had a full service and oil change. In December I had to top up the oil again which I thought was unusual but didn’t think any more of it. Then I had to top it up again in the January of 2020. I became a bit alarmed and concerned. I then received a Customer Notice or ‘Recall Notice’ in February 2020 from GM informing me that the vehicle was involved in the Special Coverage Warranty and that I should take the car into an authorized dealer for oil consumption testing. On 4th March 2020 I took the car into Dueck Richmond also a business within Dueck Auto Group. I first met service technician Derrick Abbott who made the relevant checks on the validity of the Warranty and then started the oil consumption test. We were supposed to perform a couple of tests to determine if the oil consumption was excessive. One week later on 11th March 2020 I had to take the car back in again because it was shaking and lunging in traffic and it was very frightening. More oil had to be added and Derrick told me the consumption was ‘way over’. I was advised to carry on testing and over the course of a few months between 4th March 2020 to May 28th 2020 we performed around 7 tests. I had travelled around 6,000kms and we had added at least 5 litres of oil to the engine. After I refused to buy a new car from Dueck and because they were refusing to honour the Warranty, Dueck made me restart oil consumption testing all over again when they already knew the consumption was ‘way over, way over’ as Derrick Abbott had told me. Since proceedings began, Dueck have been concealing the dates and data of the first seven oil tests, erasing data, falsifying and forging Service Invoices and fraudulently misrepresenting data to GM. Over the course of the next 18 months Dueck deceitfully made me test my vehicle 25 times trying to get the result that nothing was wrong with the vehicle that was, at the time of testing in 2020, using 2 ½ times the amount of oil it should be using. Dueck also deliberately overfilled the engine with oil to try to disguise true oil consumption, performed hot flushes which shouldn’t be done (as it states in the Owner’s Manual, and falsified invoices. The engine failed in November 2023 and by that time had consumed over 90 litres of oil in just 70,000kms. I had to buy another vehicle and incurred double insurance payments and double finance payments. The situation has crippled my finances. In March 2021, General Motors Head Office opened up an internal investigation and were then playing along with everything Dueck was telling them when they knew it ‘didn’t make sense’ (wording found in their own internal records). GM then confessed to excessive oil consumption and offered to replace pistons and rings and nothing else. They did not even offer any compensation of the approximate $10,000 I had lost in income and expenses. By that time, just throwing in a set of piston rings is far too late. This is because the engine was so badly damaged that even if I had agreed to it, within months the top half of the engine would likely fail due to the increased pressure from the renewal of the bottom half. The truth of it is General Motors just didn’t want to pay the bill. I allege that General Motors of Canada is conspiring with outlets of its dealership network (such as Dueck) to find unlwaful ways of criminally dismissing as many Warranty claims as they can, largely using unconscionable Warranty terms. I believe they are discriminating against poor people who they judge or believe cannot challenge them in Court, or that do not spend enough money on GM cars. My claim S218173 began in September 2021. At the beginning, both Defendants General Motors and Dueck were claiming they were entirely separate entities and were conspiring to make legal defences match up and support one another. Since then, we now have Responses to Civil Claim that are fraudulent and intentionally misrepresented and proven to be so by their own later submitted documents, we have false affidavits being sworn, and the Defendants have refused to comply with 11 out of 13 Court Orders I’ve won for evidence disclosure. More recently in 2024 we now have proof of Fraudulent Concealment, Obstruction of Justice, Perjury, Forgery and actually false creation of Service Invoices to try and make false legal defences make sense. This is serious crime with up to 14 years in jail, but believe it or not - here’s the real shocker: After a Court Order made on 22nd January to disclose evidence, Defendant General Motors of Canada have actually physically destroyed the evidence that further proves my allegations of conspiracy between Defendants to try and dismiss my Warranty. That should be criminal sanctions. Period. What has transpired through all of this is allegedly the biggest criminal fraud in automotive history through grossly unfair warranty and owner’s manual policies that are unenforceable. Through a Court Order won in January 2024, Defendant General Motors have now produced copies of their Service Bulletins. The Service Bulletins (particularly 01-06-01-011K relevant to my case - click button on left) are directions and instructions that are supposed to be implemented and followed by GM dealerships and authorized sellers of GM vehicles such as Defendant Dueck. It has now transpired that Defendant Dueck simply did not implement or follow the procedure that states that only one ‘an’ oil consumption test is required and not 5 tests or even 25 tests as I was subjected to. Dueck were simply trying to find anyway to void or refuse reccomending the Warranty repair or replacement engine to GM so that both would benefit by neither of them paying the bill and leaving me with a wrecked car that i’m still paying finance on. Dueck were then knowingly misrepresenting and concealing test results from General Motors because General Motors is conspiring with Dueck to do everything they can to refuse Warranty claims. This is because neither Defendant wanted to lose any money or pay the bill by honouring the Warranty and GM would not fully reimburse Dueck for the full financial loss. it would also be a waste of Dueck time and resources when they could make more money on quicker shorter jobs. Nothing else makes any sense since Dueck testify they do not have any contract with me, I did not buy the car from them and that the Warranty is with GM. Yet GM direct the customer to take the car to their local or nearest GM Dealership or Authorized reseller. There is actually quite a lot more to it than that and you can read the full story by clicking the buttons on the top left or at the bottom of this page. Im pursuing this claim to be properly compensated but to stamp out this horrendous, immoral and totally unethical business practice that is destroying everyone’s lives and creating a dark and sinister trading environment of mistrust and ill-will. I’m going to have the GM Warranties properly enforced. My goal is to help everyone who can’t stand up for themselves. Ordinary people and families that are trying to get through the difficulties of life and do not have the funds or tenacity to see a legal claim through. People who are being ruined and made homeless by General Motors for the sake of profit. This isn’t a firm pioneering anything and making the world better or even an advancements - it’s a giant firm manufacturing junk and being allowed to stay in business because they employ people and that’s it. This isn’t entrepreneurial success or even anything to be proud of - it’s serious crime. Please come back for updates as the case progresses! Use this website as a resource if you are making a claim against General Motors. Thanks for reading!

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