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
Air conditioner compressor was defective and had to be replaced one year after purchase
Claim allowed in partSummary
Purchase price: $1,617.90
Claim for $2,617.90
Reimbursement of purchase price plus $1,000 for inconvenience suffered
Amount awarded
$1,867.90
Reimbursement of purchase price plus $250 for inconvenience suffered
Full judgment (in French only)
Gaudreault c. Jean-Louis Lajoie inc.
October 2017
Heat pumped worked only 60% of the time for 5 years and then stopped working
Claim allowedSummary
Purchase price: $3,981.67
Claim not specified
Amount awarded
$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;
- $500 for inconvenience suffered.
Full judgment (in French only)
May 2017
Heat pump stopped working 6 years after purchase
Claim allowedSummary
Purchase price: $10,666.68
Claim for $803.45
Reimbursement of cost of repair
Amount awarded
$803.45
Full judgment (in French only)
Ahern c. Les Systèmes Techno-Pompes inc.
January 2017
Heat pump stopped working 5 months after purchase
Claim allowedSummary
Purchase price: not specified
Claim for cancellation of the sale
Amount awarded
$1,489.77
Reimbursement of preauthorized monthly payments
Full judgment (in French only)
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
Claim allowed in partSummary
Purchase price: $7,860.54
Claim for $11,588.62
- $3,728.08 for the cost of repairs;
- $7,860.54 for reimbursement of purchase price.
Amount awarded
$7,653
- $3,925 for partial reimbursement of purchase price;
- $3,728 for the cost of repairs.
Full judgment (in French only)
November 2016
Problems with heating system starting a few weeks after installing heat pump
Claim allowed in partSummary
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
Amount awarded
$2,069.07
For the costs of assessment and repair, including $500 for inconvenience suffered
Full judgment (in French only)
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
Claim dismissedSummary
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.
December 2015
Heat pump unusable after 3 summers of use
Claim allowed in partSummary
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 partSummary
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 partSummary
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
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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