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)
Painting on used vehicle deteriorated 45 months after purchase (purchase price: $9,050) Claim for $4,500 Claim dismissed $0 Hachey c. Parenteau (J. Parenteau Auto enr.)
(February 2018)
Engine of used vehicle stopped working after 2,000 km (purchase price: $17,585.43) Claim for $5,500 ($5,000 for vehicle’s engine replacement and $500 for towing expenses as well as taxi and bus fare) Claim allowed in part $2,500 (partial reimbursement of engine replacement cost) Larouche c. Henderson Rallye inc. (Henderson Auto)
(February 2018)
Used truck requiring several repairs within days of sale, including transmission repair as well as replacement of brakes, alternator belt, battery and cooling system (purchase price: $4,000) Claim for $13,591.44 ($4,000 for reimbursement of purchase price, $2,493.17 for 4-wheel drive system, $1,883.88 for brakes, $333.42 for battery, $1,755.64 for cooling system, $125.33 for spark plugs, and $3,000 for inconvenience and registration payment) Claim allowed in part $4,993.17 ($2,493.17 for reimbursement of cost of repairs, $500 in compensation for rust and $1,000 for inconvenience suffered) Lavoie c. O-Ben-Auto
(February 2018)
Shock absorbers on used vehicle had to be replaced 2 weeks after purchase (purchase price: $4,672.50) Claim for $1,793.09 ($1,293.09 for the cost of repairs and $500 for inconvenience suffered) Claim allowed $1,793.09 Holmes c. Kevin Auto Lux inc.
(January 2018)
Used automobile developed several problems once owner took possession, including non-functional catalytic converter, thin brake pads, and corroded suspension frame

(purchase price: $7,838.22)

Claim for $6,879.29

($5,879.29 for various expenses and reimbursements, and $1,000 in punitive damages)

Claim allowed in part $3,052.37

($336.50) for replacement of brake pads, $475 for installation of suspension frame, $850 for replacement of catalytic converter, $150 for inconvenience suffered, $500 for lack of summer tires, and $740.87 for reimbursement of delivery charges and additional expenses)

Groulx c. Bostan Autto inc.

(October 2017)

Transmission of used vehicle found to be defective after two months of use

(purchase price: $3,145)

Application to cancel the sale and claim damages

(amount not specified)

Application allowed in part $3,908.52

(reimbursement of purchase price, $350 for reimbursement of extended warranty, $143.72 for towing costs, and $269.80 for vehicle rental charges)

Frometa c. 9287-4908 Québec inc. (Autobro)

(October 2017)

One week after sale, used vehicle developed engine problem requiring replacement of timing belt or a total engine replacement

(purchase price: $1,050)

Claim for $1,130.49

(reimbursement of purchase price, $68.99 for towing charges, and $11.50 for costs of sending formal notice)

Application allowed in part

(in favour of only one plaintiff)

$1,130.49 Rousseau c. JPS Auto inc.

(August 2017)

Used automobile developed corrosion problem 8 years after first use and more than 185,000 kilometres

(purchase price: $28,500)

Claim for $12,500 Claim dismissed $0 Thibodeau c. Audi Canada inc.

(June 2017)

Engine of used vehicle burned out due to broken oil pump chain after 169,592 km

(purchase price: $13,450)

Claim for $10,085.27

($3,879.61 for cost of repairs, $500 for inconvenience suffered, loss of time and use, and $1,000 in punitive damages)

Claim dismissed $0 Caron-L'Écuyer c. Audi Canada inc.

(June 2017)

Used vehicle showed signs of several defects after purchase, including defects affecting the brake disks, flexible roof, windshield and airbag

(purchase price: $7,000)

Claim for $5,379.61

($3,879.61 for cost of repairs, $500 for inconvenience suffered, loss of time and use, and $1,000 in punitive damages)

Claim allowed in part $63.80

(cost of user’s guide missing from vehicle)

Rousseau c. Laval Volkswagen ltée

(May 2017)

Hydraulic unit of used vehicle’s transmission failed after only a few weeks of use and being driven 2,000 km

(purchase price: $36,173.98)

Claim for $10,288

($9,379 for the replacement of the transmission’s hydraulic unit, $142.57 for vehicle rental charges, $80 for towing fees, $24.83 for registered mail charges, $500 in transportation expenses, and $161.52 for the cost of purchasing an owner’s manual)

Application allowed in part $6,797.40 Neault c. Maserati Laval Auto Modena Laval inc.

(May 2017)

Used automobile developed mechanical problems and rust more than 6 months after purchase and after 6,000 kilometres

(purchase price: $9,478.54)

Claim for $7,646.39

(for reimbursement of costs of repairs and expenses)

Claim dismissed $0 Ndeugoue c. 7644817 Canada inc.

(April 2017)

Replacement required of spark plugs and ignition coils after 3,500 km, of turbo charger three months after sale, and subsequently of oxygen detector and catalytic converter

(purchase price: $10,290)

Application to cancel sale and claim for $5,769.82

($3,500 for reimbursement of a portion of automobile loan installment payments, and $2,269.82 for cost of repairs)

Claim allowed in part $703

($580 for replacement of turbo charger and $123 for replacement of spark plugs and ignition coils)

Gallet c. 9259-8457 Québec inc.

(April 2017)

Radiator of used vehicle had to be replaced three months after sale

(purchase price: $11,990)

Claim for $2,200

($1,768.61 for vehicle rental charges, parts and labour, plus the reimbursement of towing fees, and $250 for inconvenience suffered)

Application allowed in part $839

($800 for replacement of the radiator, and $39 for vehicle rental)

Lamothe c. Monaco Motors (Location Segma inc.)

(April 2017)

Engine of used vehicle failed following a mechanical breakdown of the crankshaft after just under six months of use and having driven 11,500 km

(purchase price: $21,873.94)

Claim for $6,998.44

($6,549.23 for engine replacement and $449.21 for breakdown diagnostic services)

Application allowed $6,998.44 Tessier c. Complexe de l'auto Park Avenue inc.

(April 2017)

On used automobile, differential gear needed to be replaced 14 days after purchase, engine needed replacement 38 days after purchase, and chassis frame split

(purchase price: $2,300)

Application to cancel sale and for reimbursement of expenses paid and claim for damages

(unspecified amount)

Claim allowed in part $1,770.47 Legendre c. Automobiles du Plateau inc.

(March 2016)

Engine of used vehicle had to be replaced after 102,748 km

(purchase price: $11,031.85)

Claim for $2,309.17

($318.92 for inspection fees and $1,990.25 for engine replacement)

Application allowed $2,309.17 Daigle c. Automobiles 112 inc.

(June 2016)

Used automobile developed transmission problems 3 days after sale

(purchase price: unspecified)

Claim for $3,688.33

(for reimbursement of repair costs and expenses incurred)

Claim allowed in part $3,619.07

($3,519.07 for costs of repairs and $100 for inconvenience suffered)

Lavoie c. Automobiles Premier Choix

(November 2015)

Used automobile developed several mechanical problems once possession was taken; could no longer be driven 2 months after purchase

(purchase price: $1,506)

Claim for $2,156

(reimbursement of purchase price, expenses of $150, and $500 for inconvenience suffered)

Claim allowed in part $1,706

(reimbursement of purchase price and $200 for inconvenience suffered)

Bélanger c. 9107-4203 Québec inc. (Automobiles Del Sol 2002)

(November 2015)

Engine of used vehicle stopped working 2 months after purchase and needed replacement after 173,000 kilometres

(purchase price: $4,640)

Claim for $7,000

($6,328 for reconditioning of vehicle and $671.72 for travel expenses and loss of use)

Claim allowed in part $2,950

(reason not specified)

Gagnon Desmarais c. 9266-8318 Québec inc. (Auto Max Économie)

(October 2015)

Engine of used vehicle had to be replaced because of oil overconsumption issue

(purchase price: $13,875)

Claim for $9,042.87

($5,902.82 for repairs, $754 for purchase of new radio, $45.99 for heater, $236 for alternator belt, $46.57 for engine diagnostic services, $57.49 for inspection of tinted windows, and $2,000 for inconvenience suffered)

Application allowed in part $1,604.06

($1,500 for repairs, $46.57 for engine diagnostic services, and $57.49 for inspection of tinted windows)

Lamarre c. Sherbrooke Automobile inc.

(September 2015)

Used vehicle showed signs of many defects and malfunctions after purchase

(purchase price: $1,070 (including $50 of tax and $20 for transit registration)

Claim for $1,240.20

(reimbursement of purchase price plus $108.70 for registration, $11.50 for postage, and $50 for repair of oil leak)

Claim dismissed $0

(cost of repairs)

Roy c. Roy (GR Autos usagées)

(June 2015)

Used vehicle caught fire two weeks after sale

(purchase price: $1,600)

Claim for $2,225

($125 for towing fees, $1,600 for reimbursement of purchase price, and $500 for inconvenience suffered)

Application allowed in part $1,675

($1,450 for damage to vehicle, $125 for towing charges, and $100 for inconvenience suffered)

Joly c. Fatihi Auto inc.

(June 2015)

Used automobile was previously in an accident; replacement of front bumper, brake discs and calipers, and battery required within 7 months of purchase

(purchase price: $11,500)

Claim for $7,000

($1,168.97 for body repair, $2,084.23 for brake repair, $149.46 for battery replacement, $97.27 for wheel alignment, $189.71 for extrajudicial fees, and $3,313.36 for inconvenience and loss of use)

Claim allowed in part $2,868.87

($1,168.87 for front bumper repair, $1,200 for brake repair, and $500 in non-pecuniary damages)

Rochon c. Lacasse

(March 2015)

Transmission of used vehicle broke none months after sale

(purchase price: not specified)

Claim for $1,403.73

(cost of repairs)

Application allowed $1,403.73 St-Laurent c. Club Auto Prestige inc.

(November 2014)

Engine of used vehicle broke down 16 days after purchase

(purchase price: $6,025)

Claim for $4,999

(reason not specified)

Claim allowed in part $4,707.57

(cost of repairs)

Catellier c. 9101-7905 Québec inc. (Ste-Rose Automobile)

(October 2014)

Used vehicle developed major rust problem eight months after purchase

(purchase price: $9,095)

Claim for $7,000

(cost of repairs)

Claim allowed in part $3,000

(cost of work taking added value into account)

Tremblay-Bérubé c. 9146-7233 Québec inc. (Automobiles Luxor de l'Estrie)

(July 2014)

Transmission of used vehicle failed two weeks after purchase

(purchase price: $1,793.61 including tax)

Claim for $4,200 Claim dismissed $0 Dufort c. Automobile GR Corée Longueuil ltée

(April 2014)

Used vehicle developed problems with starting and steering in the days following sale

(purchase price: $1,785)

Claim for $4,843.30

($3,343.30 for cost of repairs and $1,500 for inconvenience suffered)

Claim allowed in part $1,500

($500 for inconvenience suffered and $1,000 for cost of repairs)

André c. Carrosseries Richard Lambert inc.

(December 2013)

Poor state of chassis of used automobile prevented vehicle from being driven after possession was taken

(purchase price: $2,400)

Claim for $2,800

($2,400 for reimbursement of purchase price and $400 for repairs and inconvenience suffered)

Claim allowed $2,800 Larouche c. 9167-8664 Québec inc. (ABC de l'automobile 2006)

(September 2013)

Engine of used vehicle was seriously damaged and had to be replaced a dozen days after purchase

(purchase price: $2,635)

Claim for $3,377.76

(reimbursement of purchase price plus $742.76 in damages)

Claim allowed in part $2,849.56

(reimbursement of purchase price plus $214.56 in damages)

Mahfoudh c. Mic Automobiles inc.

(July 2013)

Used automobile developed mechanical problems 2 days after purchase

(purchase price: not mentioned)

Claim for $1,952.29

($119.03 for heater repair, $895.38 for engine repair, $624 for accommodation expenses, $313.88 for vehicle rental)

Claim allowed in part $1,640.29

(for repair expenses and half of accommodation expenses)

Tremblay c. Dumont Chrysler Jeep

(June 2013)

Rear universal joint of used vehicle broke two weeks after purchase

(purchase price: $1,800)

Claim for $6,235.07

(reimbursement of purchase price, plus $340.80 for taxes, $96.83 for towing charges, $447.24 for repair costs, $50 for transportation expenses, and $2,000 for loss of use and inconvenience suffered)

Claim allowed in part $594.07

($447.24 for cost of repairs, $96.83 for towing costs, and $50 for transportation expenses)

Tremblay c. Fortier-Perreault (Auto St-Hubert) Affaires Sous Le Nom Et Raison Sociale De Auto St-Hubert

(June 2013)

Transmission of used vehicle stopped working after 154,034 km

(purchase price: $3,500)

Claim for $6,500

(reimbursement of purchase price and $132.22 for towing charges and inconvenience suffered)

Application dismissed $0 Boulet c. 9146-7233 Québec inc. (Automobile Luxor de l'Estrie)

(June 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.