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 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)

Paquette c. Waterco

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)

Fontaine c. Waterco inc.

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

Air conditioner stopped working 5 years after purchase

Claim allowed in part

Summary

Purchase price: $3,675.04

Claim for $4,675.04

Reimbursement of purchase price and $1,000 for inconvenience suffered

Amount awarded

$1,716.25

  • $1,500 for reduction of purchase price;
  • $216.25 for reimbursement of invoices.

Full judgment (in French only)

Auclair c. Systèmes Techno-pompes inc.

September 2013

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

Claim allowed

Summary

Purchase price: $5,440.68

Claim for $5,440.68

Reimbursement of purchase price

Amount awarded

$5,440.68

Reimbursement of purchase price

Full judgment (in French only)

Vézina Plouffe c. Hydrosolution

January 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 : 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.