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
Heat pump stopped working within months of purchase
Claim allowedSummary
Price paid: $4,995
Claim for $5,521.36
For reimbursement of purchase price and various damages
Wall-mounted heating and cooling unit stopped working within weeks of purchase
Claim allowed in partSummary
Price paid: $3,200
Claim for $8,526.53
Unspecified amount
Amount awarded
$4,026.53
- $3,200 for reimbursement of sales price
- $326.53 for service charges
- $500 for inconvenience suffered
Full judgment (in French only)
Martel c. Fortin (Michel Fortin Thermopompe)
February 2021
Heat pump stopped working 4 months after purchase
Claim allowedSummary
Purchase price: $8,795
Claim for cancellation of contract
$8,795 for reimbursement of purchase price
Amount awarded
$8,795
Full judgment (in French only)
Charlish c. Rénovation Extrême Plus
January 2021
Heat pump with major defects 6 years after purchase
Claim allowed in partSummary
Price paid: $2,874.38
Claim for $3,163.54
- $2,874.38 for reimbursement of sales price
- $289.09 for technician’s fees
Amount awarded
$1,000
As reduction in sales price
Full judgment (in French only)
September 2020
Heat pump stopped working due to broken water tank a little over a year after purchase
Claim dismissedSummary
Purchase price: $1,897.08
Claim for $1,897.08
For reimbursement of purchase price
Amount awarded
$0
Full judgment (in French only)
Villeneuve c. Club Piscine Plus CPPQ (Brossard) inc.
March 2020
Dual-fuel system that never worked
Claim allowed in partSummary
Purchase price: unspecified
Claim for $7,003.88
- To cancel sale and reimburse payments already made
- $5,000 for inconvenience suffered
Amount awarded
$4,338.86
- $2,338.86 for reimbursement of payments already made
- $2,000 for inconvenience suffered
Full judgment (in French only)
February 2020
Heat pump stopped working 6 months after purchase
Claim allowed in partSummary
Price paid : $8,797
Claim of $10,152.90
Amount awarded
$9,849.90
- $8,797 for reimbursement of purchase price;
- $900 for inconvenience suffered;
- $102.90 for repair costs;
- $50 for postage fees.
Full judgment (in French only)
Boulianne c. Rénovation Extrême Plus
May 2019
Heat pump that stopped working seven years after purchase
Claim allowed in partSummary
Purchase price: $4,664
Claim for $3,332
- $2,332 for partial reimbursement of the purchase price;
- $1,000 for inconvenience suffered and legal fees for the formal notice.
Amount awarded
$2,500
- $2,332 for reimbursement of half the purchase price;
- $168 for inconvenience suffered.
Full judgment (in French only)
De Léséleuc c. 2625-3682 Québec inc. (Foyer-Gaz)
December 2018
Heat pump did not function properly a few days after installation
Claim allowedSummary
Purchase price: $1,722.33
Claim for cancellation of sale
Amount awarded
$1,722.33
Full judgment (in French only)
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
Claim dismissedSummary
Purchase price: $4,369.05
Claim for cancellation of sale, damages
- $4,369.05 for reimbursement of purchase price;
- $2,101.10 for repair cost and expert fees.
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 : October 12, 2023
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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.
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