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Canadian Federal Court Outlaws Sales Of AC Procross Sleds in Canada

SledFreak said:
I believe AC is still fighting this in court as their has been no decision or communication yet according to my dealer. They have still have time to fight this as the ride able snow isn't going to fly until late Nov/Dec... and thats early.. I can remember getting my snow check 2003 REV 800, Dec 15th. I say people should be patient.. For all the Turbo sleds, Yamaha could take some of those and sell them off, if they even made them yet..
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I've heard that they are appealing, but as of now they can't sell new machines. With the court system backed up due to COVID, it isn't looking good.
 

SledFreak said:
I believe AC is still fighting this in court as their has been no decision or communication yet according to my dealer. They have still have time to fight this as the ride able snow isn't going to fly until late Nov/Dec... and thats early.. I can remember getting my snow check 2003 REV 800, Dec 15th. I say people should be patient.. For all the Turbo sleds, Yamaha could take some of those and sell them off, if they even made them yet..
Click to expand...

The most recent decision by the court is dated October 1st, and based upon that decision, the injunction stands. I am not a Canadian lawyer, so I do not know what appellate rights (if any) AC has, or whether they have decided to pursue them. Let's face it, BRP has "home court advantage" in this one.

I have only skimmed the decision for the highpoints, but I did find this:

"The evidence shows that 391 of the Model Year 2021 snowmobiles were sold to dealers prior to July 6, 2020. They were paid in full by the dealers who purchased these “demos”. The third category is composed of Model Year 2021 snowmobiles for which a $750 deposit was made. There are 732 pre-ordered snowmobiles according to the evidence. As will be seen, the transaction seems to be short of completion: the snowmobiles have not yet been built in Minnesota and delivered to dealers in Canada for final assembly."​

Based upon that, Canadian dealers will only get the 391 sleds that they pre-purchased for re-sale, and none of the 732 customer spring order sleds can be shipped to Canada. Hopefully some people will be able to get their sleds because their dealer happened to pre-order the same model, but I don't think there is any future in pinning your hopes on the result of the next legal battle. BRP has won all the legal battles to date, and I haven't seen anything that indicates Cat will ultimately prevail. If it was me, I would be running to the closest Yamaha dealer, or waiting until next year.
 
Can they sell those pre-order sleds after January 1st?
 
STAIN said:
Can they sell those pre-order sleds after January 1st?
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The injunction will be in effect until the patent runs out some time next summer. The court decision indicated that AC will be able to sell 2022 sleds in Canada because the patent will have expired by the time AC goes into production on them. So, AC does not have to come up with a new chassis for 2022; they may do so, but the patent will have expired so they will not have to.
 
Wannaviper said:
The most recent decision by the court is dated October 1st, and based upon that decision, the injunction stands. I am not a Canadian lawyer, so I do not know what appellate rights (if any) AC has, or whether they have decided to pursue them. Let's face it, BRP has "home court advantage" in this one.

I have only skimmed the decision for the highpoints, but I did find this:

"The evidence shows that 391 of the Model Year 2021 snowmobiles were sold to dealers prior to July 6, 2020. They were paid in full by the dealers who purchased these “demos”. The third category is composed of Model Year 2021 snowmobiles for which a $750 deposit was made. There are 732 pre-ordered snowmobiles according to the evidence. As will be seen, the transaction seems to be short of completion: the snowmobiles have not yet been built in Minnesota and delivered to dealers in Canada for final assembly."​

Based upon that, Canadian dealers will only get the 391 sleds that they pre-purchased for re-sale, and none of the 732 customer spring order sleds can be shipped to Canada. Hopefully some people will be able to get their sleds because their dealer happened to pre-order the same model, but I don't think there is any future in pinning your hopes on the result of the next legal battle. BRP has won all the legal battles to date, and I haven't seen anything that indicates Cat will ultimately prevail. If it was me, I would be running to the closest Yamaha dealer, or waiting until next year.
Click to expand...
"Home court advantage " lol
I have ran into that racing in Quebec before ....
 
37341.jpeg
 
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