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
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
Wooden planks cracked one month after installation
Claim dismissed
Summary
Purchase price: unspecified
aClaim for $8,598.66 (unspecified reason)
Amount awarded
$0
Full judgment (in French only)
Ferme CKLD inc. c. Centre de rénovation Ste-Marie
March 2019
Electric furnace presented several problems less than one year after installation
Claim allowed in part
Summary
Purchase price: $7,053
Claim for $7,145.06
- $4,145.06 for furnace replacement;
- $3,000 for lost wages, travel expenses and inconvenience suffered.
Amount awarded
$3,000
- $2,500 for loss of use of furnace;
- $500 for loss of enjoyment and inconvenience suffered.
Full judgment (in French only)
Rheault c. Boucher Lortie inc.
October 2018
Kitchen tap broke and caused water damage approximately 16 to 20 months after purchase or installation
Claim allowed in part
Summary
Purchase price: unspecified
Subrogated claim for $39,268.25
Amount
in compensation paid to insured for repair costs
Amount awarded
$35,358.33
- $1,169.03 for urgent repairs;
- $34,189.30 for repair costs.
Full judgment (in French only)
July 2018
Asphalt shingles showing wear and deterioration 12 years after installation
Claim allowed in part
Summary
Purchase price: unspecified
Claim for $5,074.25
- For partial reimbursement of cost of replacing shingles;
- $1,000 in punitive damages.
Amount awarded
$4,051.62
Depreciated cost of corrective work
Full judgment (in French only)
Gariépy c. Iko Industries Ltd.
July 2018
Floating floor scratched and warped within weeks of installation
Claim allowed
Summary
Purchase price: $5,427.19
Claim for $5,427.19 (reimbursement of purchase price)
Amount awarded
$5,427.19
Full judgment (in French only)
Lévesque c. Galerie du couvre-plancher Sept-Îles
December 2017
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.
