trans fluid leak on '02 Forester

[Forsythian]

Newbie here... great site!
I hope this hasn't already been covered, the wife has an '02 Forester which is her dream car, but today it's a nightmare. She's been complaining of a burning smell for about a year, which began shortly after recall work at the dealer to replace the parking rod(?) in the automatic transmission.
Service was poor, and until the warranty ran out they kept telling her she was smelling oil from the oil pan drain plug gasket. Now at 78K miles and because of this leak they say she needs a new tranny. Three questions:
1. Does a new tranny make sense if it is just a leak?
2. Would the recall work have involved enough disassembly to cause a leak in the first place?
3. If yes to both, do we have any recourse with the maker or the dealer?
Thanks a bunch for your great site...