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.
Exemples of judgments – Page 2
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
Claim dismissed
Summary
Purchase price: $3,588.64, tax included
Application to cancel the sale
Amount awarded
$0
No defect impairing the normal use of the equipment
Full judgment (in French only)
Leblanc c. Climatisation Trois-Rivières inc.
November 2015
Heat pump unusable after 3 summers of use
Claim allowed in part
Summary
Purchase price: $1,500
Claim for $1,741.90
- $1,500 for reimbursement of purchase price;
- $218.45 for cost of estimate;
- $23.45 for cost of sending a demand letter.
Amount awarded
$1,366.90
- 75% of purchase price;
- $218.45 for cost of estimate;
- $23.45 for cost of sending a demand letter.
Full judgment (in French only)
Plourde c. Waterco Canada inc.
September 2015
Air conditioner leaking due to faulty installation
Claim allowed in part
Summary
Purchase price: $3,999.98
Claim for $6,999.98
Reimbursement of purchase price and $3,000 in damages
Amount awarded
$4,000
Reimbursement of purchase price
Full judgment (in French only)
Gagné Auger c. Multi-pompe RL inc.
July 2015
Heat pump never worked properly since it was installed
Claim allowed in part
Summary
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
Amount awarded
$2,500
For financial loss, lack of comfort, trouble and inconvenience, stress, and lost time
Full judgment (in French only)
Papineau c. Groupe Hydro HVAC inc.
May 2015
Heat pump stopped working 3 years after installation
Claim allowed in part
Summary
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
Amount awarded
$2,000
- $1,000 in reimbursement of purchase price;
- $1,000 for inconvenience suffered.
Full judgment (in French only)
Plante c. Centre Massicotte inc.
February 2015
Heat pump stopped working 3 years after purchase
Claim allowed in part
Summary
Purchase price: not specified
Claim for $817.39
- $517.39 for the cost of repairs;
- $300 for loss of use, trouble and inconvenience, and loss of salary.
Amount awarded
$517.39
Cost of repairs
Full judgment (in French only)
February 2015
Heat pump stopped working one-and-a-half years after purchase
Claim allowed in part
Summary
Purchase price: not specified
Claim for $4,143.27
Repair costs and purchase of additional fuel oil
Amount awarded
$428.99
Repair costs and purchase of required materials
Full judgment (in French only)
Proulx c. Chauffage Jacques Vézina inc.
September 2014
Heat pump functioning poorly after less than 7 years of use
Claim dismissed
Summary
Purchase price: $3,699.99, including tax
Claim for $2,000 (reason not specified)
Amount awarded
$0
In view of the lack of written notice and formal demand
Full judgment (in French only)
February 2014
Compressor of heat pump found to be defective just over 5 years after purchase
Claim allowed in part
Summary
Purchase price: $3,474.34
Claim for $2,013.14
Cost of repairs
Amount awarded
$1,000
Cost of replacement good offered by the merchant
Full judgment (in French only)
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
Claim allowed in part
Summary
Purchase price: $1,748.43
Claim for $2,748.43
Cpplication to have the sale cancelled and claim for damages
Amount awarded
$1,000
Full judgment (in French only)
Dumont c. Centre Massicotte Inc. (Club Piscine)
November 2013
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 : November 12, 2020
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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.
