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
Stain on red cedar siding started to deteriorate 1 year after installation
Claim allowed
Summary
Price paid: $20,763.33
Claim for $15,000
Unspecified amount
Amount awarded
$15,000
Full judgment (in French only)
Boisclair c. Bois Adirondack inc.
January 2021
Laser-painted PVC windows with flaking colour less than 2 years after purchase
Claim allowed in part
Summary
$4,187.46
Claim for $4,849.46
- $4,187.46 for reimbursement of purchase price
- $650 for inconvenience suffered, loss of salary, preparation of court file, and possible price difference to purchase new windows
- $12 for sending of formal notice
Amount awarded
$4,549.46
- $4,187.46 for reimbursement of purchase price
- $350 for inconvenience suffered
- $12 for sending of formal notice
Full judgment (in French only)
Michaud c. Gestion Poudrier inc. / Fenomax
December 2020
Laminated kitchen countertops with cracked and swollen seals within a year of purchase
Claim allowed in part
Summary
Purchase price: $1,358.84
Claim for $1,721.19
Unspecified
Amount awarded
$1,621.19
- $1,358.84 for reimbursement of price of counter
- $150 for installation of counter
- $12.35 for sending of formal notice
- $100 for inconvenience suffered
Full judgment (in French only)
Gagné c. Lucien Proulx et Fils inc.
October 2020
Windows loosened after 9 years of use
Claim allowed in part
Summary
Purchase price: unspecified
Unspecified
Amount awarded
$1,600
For replacement and installation of 3 windows
Full judgment (in French only)
Bouchard c. Portes et fenêtres LGC inc.
May 2020
Mahogany doors and windows with antique finish that faded and flaked 6 to 8 months after installation
Claim allowed in part
Summary
Over $130,000
Claim for $39,287.25
- $30,287.25 for cost of corrective work to be done
- $5,000 for inconvenience suffered
- $4,000 for repairs already completed
Amount awarded
$28,845
For cost of repairs to be done
Full judgment (in French only)
April 2020
Exterior wood siding showing signs of discoloration eight years after installation
Claim allowed in part
Summary
Purchase price: unspecified
Claim for $2,612.50
- $2,500 for the cost of corrective work;
- $11.50 for sending formal notice;
- $101 for instituting the application.
Amount awarded
$1,301
- $1,200 for the cost of corrective work;
- $101 for legal fees.
Full judgment (in French only)
Pelletier c. St-Onge (Construction St-Onge)
October 2019
Wooden floor showing stains and scratches a few weeks after installation
Claim allowed in part
Summary
Purchase price: $2,200
Claim for $5,000
- $2,200 for reimbursement of purchase price;
- $2,400 for installation of a new floor;
- $300 for inconvenience suffered.
Amount awarded
$1,350
- $1,100 for reduction in purchase price;
- $250 for inconvenience suffered.
Full judgment (in French only)
June 2019
Wood stairs deteriorated less than one year after installation
Claim allowed in part
Summary
Purchase price: unspecified
Claim $5,629.50 (unspecified reason)
Amount awarded
$4,584.97
- $4,573.47 for replacement of the handrail, treads and risers;
- $11.50 for mailing costs.
Full judgment (in French only)
St-Laurent c. Cadorette (Fibratout enr.)
May 2019
Thermal panes in solarium windows unsealed six to nine years after installation
Claim allowed in part
Summary
Purchase price: unspecified
Claim for $2,070.70
For replacement of five windows
Amount awarded
$1,242.42
For replacement of three windows
Full judgment (in French only)
Guillemette c. Gestion Rémi Gélinas inc.
May 2019
Door became defective in the first week after installation
Claim allowed in part
Summary
Purchase price: $1,550
Claim for $4,037
- $3,237 for purchase and installation of a new door;
- $700 for lost wages;
- $100 for reimbursement of costs.
Amount awarded
$2,282.11
- $1,782.11 for value of the door, including taxes;
- $300 for installation;
- $200 for inconvenience suffered.
Full judgment (in French only)
Gilbert c. Construction A. Fillion inc.
March 2019
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 : May 3, 2021
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