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
Outside parging started crumbling less than 1 year after installation
Claim allowedSummary
Purchase price: unspecified
Claim for $8,500
For the replacement of the parging and inconvenience suffered
Amount awarded
$8,500
Full judgment (in French only)
Marchand c. 9369-2002 Québec inc.
December 2023
Conifers died less than 1 year after the sale
Claim allowed in partSummary
Purchase price: unspecified
Unspecified claim
Amount awarded
$1,338.83
Unspecified amount
Full judgment (in French only)
July 2023
Fenêtres dont les vitres « thermos » sont devenues opaques une douzaine d’années après leur installation
Demande accueillieSummary
Prix payé : non mentionné
Réclamation de 1 200 $
Pour le remplacement des verres endommagés (874,96 $) et pour les inconvénients subis
Replacement of wood fibre laminate (floating wood) flooring that deteriorated just over 3 years after purchase
Claim dismissedSummary
Purchase price: $852.03
Claim for $10,052.03
- $1,552.03 for reimbursement of the price paid before credit
- $5,000 for removal of flooring and installation of new flooring
- $500 for moving and cleaning expenses
- $3,000 for inconvenience suffered
Amount awarded
$0
Full judgment (in French only)
Lutun c. Bois-Franc de la Capitale (1991) inc.
February 2023
Kitchen table and chairs deteriorated less than 1 year after purchase
Claim allowedSummary
Purchase price: $1,854.55
Claim for $1,854.55
For reimbursement of sales price
Amount awarded
$1,854.55
Full judgment (in French only)
Lapierre-Voiselle c. Meubles Ashley Homestore
October 2022
Very noisy furnace that never functioned properly from the date of installation
Claim allowed in partSummary
Purchase price: unspecified
Application to cancel the sale and loan agreement
- $9,928.09 for the value of a new furnace
- $5,000 for inconvenience suffered
Amount awarded
$2,500
- $1,000 instead of returning the old furnace
- $1,500 in damages
Full judgment (in French only)
June 2022
Fence collapsed a few weeks after installation
Claim allowed in partSummary
Purchase price: $16,972.61 (including installation)
Claim for $15,000
Unspecified claim
Amount awarded
$4,338.05
- $2,838.05 for reimbursement of the price of the fence
- $1,500 for the cost of dismantling and disposing of the fence
Full judgment (in French only)
Tiokou c. 9353-3560 Québec inc. (Pizarro Paysagiste)
May 2022
Alarm system displayed defects as soon as it was in service
Claim allowedSummary
Purchase price: unspecified
Claim for $1,664.18
- $320.78 for reimbursement of the cost of installation
- $1,343.40 for reimbursement of the monthly payments made
Wall bed broke one year after the sale
Claim allowed in partSummary
Purchase price: $5,518
Claim for $5,518
For reimbursement of sales price
Amount awarded
$3,000
For partial reimbursement of sales price
Full judgment (in French only)
April 2022
Steel roof with paint delamination problems approximately 17 years after installation
Claim allowed in partSummary
Price paid: unspecified
Claim for $15,000
To replace the roof with asphalt shingles
Amount awarded
$7,500
For cost of corrective work
Full judgment (in French only)
Régnier c. Revêtement RHR inc.
December 2021
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 : August 21, 2024
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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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