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 decisions

Issue Summary of claim Outcome Amount awarded Full judgment (in French only)
Heat pump that stopped working seven years after purchase
(purchase price: $4,664)
Claim for $3,332
($2,332 for partial reimbursement of the purchase price and $1,000 for inconvenience suffered and legal fees for the formal notice)
Claim allowed in part $2,500
($2,332 for reimbursement of half the purchase price and $168 for inconvenience suffered)
De Léséleuc c. 2625-3682 Québec inc. (Foyer-Gaz)
(December 2018)
Heat pump did not function properly a few days after installation (purchase price: $1,722.33) Claim for cancellation of sale Claim allowed $1,722.33 Lukosevicius c. Groupe Fidelco inc.
(May 2018)
Heat pump experienced fan problems upon installation on existing air conditioning and heating system; problems with coil occurred a few months later (purchase price: $4,369.05) Claim for cancellation of sale, damages ($4,369.05 for reimbursement of purchase price and $2,101.10 for repair cost and expert fees) Claim dismissed $0 Chevrier c. Air Spécialiste inc.
(April 2018)
Air conditioner compressor was defective and had to be replaced one year after purchase

(purchase price: $1,617.90)

Claim for $2,617.90

(reimbursement of purchase price plus $1,000 for inconvenience suffered)

Claim allowed in part $1,867.90

(reimbursement of purchase price plus $250 for inconvenience suffered)

Gaudreault c. Jean-Louis Lajoie inc.

(October 2017)

Heat pumped worked only 60% of the time for 5 years and then stopped working

(purchase price: $3,981.67)

Claim not specified Claim allowed $3,997

($2,800 for reimbursement of purchase price taking into account its normal life expectancy of ten years, $664 for reimbursement of repair costs, $33 for postage fees, and $500 for inconvenience suffered)

Michaud c. CPMG Air Max inc.

(Mai 2017)

Heat pump stopped working 6 years after purchase

(purchase price: $10,666.68)

Claim for $803.45

(reimbursement of cost of repair)

Claim allowed $803.45 Ahern c. Les Systèmes Techno-Pompes inc.

(January 2017)

Heat pump stopped working 5 months after purchase

(purchase price: not specified)

Claim for cancellation of the sale Claim allowed $1,489.77

(reimbursement of preauthorized monthly payments)

Mérius c. Entreprises Fola inc.

(November 2016)

Compressor of 2 wall-mounted air conditioning units stopped working and units leaked cooling fluid one year after installation

(purchase price: $7,860.54)

Claim for $11,588.62

($3,728.08 for the cost of repairs and $7,860.54 for reimbursement of purchase price)

Claim allowed in part $7,653

($3,925 for partial reimbursement of purchase price and $3,728 for the cost of repairs)

Gobeille c. Wolseley Canada

(November 2016)

Problems with heating system starting a few weeks after installing heat pump

(purchase price: $6,179)

Claim for $3,569.07

(including costs of demand letter, travel expenses, costs of assessment and repair, and $1,500 for inconvenience suffered)

Claim allowed in part $2,069.07

(for the costs of assessment and repair, including $500 for inconvenience suffered)

Couture c. 9165-0119 Québec inc.

(November 2016)

Heat pump does not provide adequate temperature inside house (ice and frost forming on outdoor unit) almost two and a half years after purchase and after being replaced

(purchase price: $3,588.64, tax included)

Application to cancel the sale  Claim dismissed $0

(no defect impairing the normal use of the equipment)

Leblanc c. Climatisation Trois-Rivières inc.

(December 2015)

Heat pump unusable after 3 summers of use

(purchase price: $1,500)

Claim for $1,741.90

($1,500 for reimbursement of purchase price, $218.45 for cost of estimate and $23.45 for cost of sending a demand letter)

Claim allowed in part  $1,366.90

(75% of purchase price, $218.45 for cost of estimate, and $23.45 for cost of sending a demand letter)

Plourde c. Waterco Canada inc.

(September 2015)

Air conditioner leaking due to faulty installation

(purchase price: $3,999.98)

Claim for $6,999.98

(reimbursement of purchase price and $3,000 in damages)

Claim allowed in part $4,000

(reimbursement of purchase price)

Gagné Auger c. Multi-pompe RL inc.

(July 2015)

Heat pump never worked properly since it was installed

(purchase price: $9,045.16)

Claim for $3,295.92

(compensation for the periods during which the heat pump did not work, excess heating oil costs, and inconvenience suffered)

Claim allowed in part $2,500

(for financial loss, lack of comfort, trouble and inconvenience, stress, and lost time)

Papineau c. Groupe Hydro HVAC inc.

(May 2015)

Heat pump stopped working 3 years after installation

(purchase price: $2,169.21)

Application to cancel the sale

(reimbursement of purchase price plus $2,000 for loss of use of the good, inconvenience suffered and punitive damages)

Claim allowed in part  $2,000

($1,000 in reimbursement of purchase price and $1,000 for inconvenience suffered)

Plante c. Centre Massicotte inc.

(February 2015)

Heat pump stopped working 3 years after purchase

(purchase price: not specified)

Claim for $817.39

($517.39 for the cost of repairs and $300 for loss of use, trouble and inconvenience, and loss of salary)

Claim allowed in part $517.39

(cost of repairs)

Paquette c. Waterco

(February 2015)

Heat pump stopped working one-and-a-half years after purchase

(purchase price: not specified)

Claim for $4,143.27

(repair costs and purchase of additional fuel oil)

Claim allowed in part $428.99

(repair costs and purchase of required materials)

Proulx c. Chauffage Jacques Vézina inc.

(September 2014)

Heat pump functioning poorly after less than 7 years of use

(purchase price: $3,699.99, including tax)

Claim for $2,000

(reason not specified)

Claim dismissed $0

(in view of the lack of written notice and formal demand)

Fontaine c. Waterco inc.

(February 2014)

Compressor of heat pump found to be defective just over 5 years after purchase

(purchase price: $3,474.34)

Claim for $2,013.14

(cost of repairs)

Claim allowed in part $1,000

(cost of replacement good offered by the merchant) 

Bergeron c. Centre Massicotte inc. (Club Piscine)

(December 2013)

Heat pump did not meet the client’s needs and presented problems 4 years after purchase

(purchase price: $1,748.43)

Claim for $2,748.43

(application to have the sale cancelled and claim for damages)

Claim allowed in part   $1,000 Dumont c. Centre Massicotte Inc.(Club Piscine)

(November 2013)

Air conditioner stopped working 5 years after purchase

(purchase price: $3,675.04)

Claim for $4,675.04

(reimbursement of purchase price and $1,000 for inconvenience suffered)

Claim allowed in part $1,716.25

($1,500 for reduction of purchase price and $216.25 for reimbursement of invoices)

Auclair c. Systèmes Techno-pompes inc.

(September 2013)

Air conditioner never worked properly despite the compressor being replaced 3 times

(purchase price: $5,440.68)

Claim for $5,440.68

(reimbursement of purchase price)

Claim allowed $5,440.68

(reimbursement of purchase price)

Vézina Plouffe c. Hydrosolution

(January 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 : December 3, 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.