Here are examples of small claims court judgments, where consumers asserted their legal warranty rights. This tool can be useful to you in your negotiations with a merchant. For example, it could help you determine a reasonable durability period for your item or estimate the amount of compensation for damages to which you may be entitled. 

Cautionary note

These judgment summaries are presented for reference purposes only. An application that was settled in favour of a consumer in one situation may not necessarily result in the same ruling for another consumer. 

Several factors can influence a judge's decision regarding a reasonable durability period for an item. These include the price paid, contract clause provisions, the conditions under which the  item is used, etc. Remember that each case is different, and every decision is rendered on the basis of the evidence brought before the court.  

Examples of judgments

Issue Summary of claim Outcome Amount awarded Full judgment (in French only)
Used all-terrain vehicle with damaged chassis and steering, and brakes that are almost unusable after first use (purchase price: $1,200) Claim for cancellation of sale Claim allowed $1,200 (reimbursement of purchase price) Nadeau c. Benoît Lévesque Mini-mécanique BL inc.
(March 2018)
Used snowmobile that experienced mechanical problems as of first use (purchase price: $7,835.55) Claim for $4,601.34 ($3,101.04 for estimate and cost of repairs, $500 for hood repair and $1,000 for loss of use) Claim allowed in part $3,901.34 ($3,101.34 for repairs and $800 for loss of use) Nadeau c. Centre Motofolie inc.
(February 2018)
Power steering box of used recreational vehicle had to be repaired shortly after purchase

(purchase price: $9,772.86)

Claim for $15,000

(for reimbursement of purchase price and costs incurred)

Claim dismissed $0 Dechamplain c. 6649611 Canada inc. (VR St-Nicolas)

(September 2017)

Suspension of used motorcycle required replacement after 21,000 km

(purchase price: not specified)

Claim for $4,955.36

(for cost of repairs, registration fees, insurance premium for period during which motorcycle was not used, and loss of time)

Application dismissed $0 Dupuis c. Yamaha Moteur du Canada ltée

(May 2017)

Used motorcycle presented clutch problem as of first use

(purchase price: $21,500)

Claim for $7,475.65

(cost of repairs)

Application allowed in part $3,000

($1,200 for replacement of clutch and $1,800 for repairs to render motorcycle compliant and safe)

Thériault c. Motoaction Villeneuve

(October 2016)

Engine of all-terrain vehicle stopped working after 1,166 km

(purchase price: $5,116.39)

Claim for $7,000

(reimbursement of purchase price and damages)

Claim allowed in part $5,677.10

($5,116.39 for reimbursement of purchase price and $560.71 for loss of use of vehicle)

Hébert c. 9281-0845 Québec inc. (KNF Moteurs)

(February 2016)

Engine of used snowmobile stopped working after 250 km

(purchase price: $4,029.13)

Claim for $3,050

(for cost of repairs and inconvenience suffered)

Claim allowed in part $1,800

(for cost of repairs and inconvenience suffered)

Couture c. 9065-4344 Québec inc. (St-Roch Sports & plaisance)

(February 2016)

Engine of used snowmobile broke down after a few hundred kilometres

(purchase price: $6,898.50)

Claim for $1,973.20 Claim allowed in part $1,000

(unspecified reason)

Turgeon c. Laforest (Véhicule Éric Laforest)

(January 2016)

Engine of used tractor broke down after 344 hours of use over 6 years

(purchase price: not specified)

Claim for $8,361.93

(cost of repairs and damages)

Claim dismissed $0 Pichette c. John Deere Canada, u.l.c.

(January 2016)

A few days after the taking of possession, used recreational vehicle presented several problems, including an oil leak from air compressor and defects in engine air conditioning, toilet, indicator lights, stabilizers, and air suspension

(purchase price: $97,788)

Claim for $6,972

($2,973 for repairs and $3,999 for transportation expenses and gas)

Application allowed in part $3,172

($1,000 for replacement of batteries, $897 for repair of electrical, stabilizer, and suspension problems, $275 for deductible applicable to engine repair, and $1,000 for inconvenience suffered)

Monger c. 2528-1023 Québec inc. (Spécialiste en véhicules récréatifs)

(July 2015)

Rear tire and brakes of used motorcycle had to be replaced two months after purchase

(purchase price: $6,560.69)

Claim for $2,302.26

(for cost of repairs)

Claim allowed in part $162

(for replacement of brakes)

Lachance c. Lajeunesse Moto sport ltée

(April 2015)

Shortly after purchase, used recreational vehicle presented various mechanical problems, including with the differential and braking system nuts

(purchase price: $24,900)

Claim for $7,000

(for cost of repairs and inconvenience suffered)

Application allowed in part $1,634

($370 for replacement of towing trailer wheels, $350 for inspections and mechanical repairs, $414.20 for replacement of braking system pipes and connectors, and $500 for inconvenience suffered)

Depelteau c. Prestige Auto Max inc.

(January 2015)

Engine of used motorcycle broke down after 75 km

(purchase price: $6,700)

Claim for $7,000

($5,627.96 to replace engine and $1,372.04 for inconvenience suffered)

Application allowed in part $1,800

(for installation of used engine with warranty)

Croteau c. 9201-5627 Québec inc. (Auto Distinction FXC)

(December 2014)

Used scooter turned out to be defective in the first weeks of use

(purchase price: $1,338.62 including tax)

Application to cancel sale and claim for damages

(amount not specified)

Allowed in part $1,558.62

($1,338.62 for reimbursement of purchase price and $250 in damages)

Labelle c. Zone Moto inc.

(February 2014)

Hydraulic system in used tractor turned out to be defective upon very first use

(purchase price: $1,494.68)

Claim for $1,628.15

(for reimbursement of purchase price, inspection fees of $63.47 and transportation expenses of $70)

Claim allowed $1,628.15 Chagnon c. Lachance et Fils inc.

(December 2013)

Engine seals of used tractor broke after about 60 hours of use

(purchase price: not specified)

Application to cancel sale and claim for damages

($2,500)

Claim allowed in part $1,919.98

($1,769.98 for cost of repairs and $150 for inconvenience suffered)

Poirier c. Graveline

(December 2013)

Used recreational vehicle had water infiltration, delamination and water heating problems two months after purchase

(purchase price: $39,316.13)

Claim for $5,965

(for cost of repairs and $2,000 for inconvenience suffered, inspection fees, gas and loss of food)

Claim allowed in part $4,084.98

($1,612.04 for sewage system repair, $925.39 for water heater repair, $125.31 for air conditioning sealant, $132.28 for leaking tap, $559.25 for refrigerator repair, $226.71 for inspection fees and $500 for inconvenience suffered)

Demers c. 9174-8806 Québec inc. (Summum Auto selection)

(August 2013)

Note to the reader: The judgment summaries above were provided by SOQUIJ. In rare cases, they may have been subject to an appeal before a higher authority. If you intend on citing any of these judgments before the court, it is recommended that you check the minutes book of the courthouse in question.

Continuing your search

You can also consult other court decisions concerning legal warranties using the search engine available free of charge on the SOQUIJ website (in French only).

Last update : June 7, 2019

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The information contained on this page is presented in simple terms to make it easier to understand. It does not replace the texts of the laws and regulations.