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 – Page 2
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
Shower base with flaking paint and micro-cracks six months after installation
Claim allowed in part
Summary
Purchase price: $1,134.66
Claim for a sum of money and damages (unspecified reason)
Amount awarded
$2,402.42
- $1,134.66 for reimbursement of purchase price;
- $500 for inconvenience suffered;
- $767.76 for expert fees.
Full judgment (in French only)
November 2017
Exterior siding with flaking and splitting problems nine years after installation
Claim allowed in part
Summary
Purchase price: $5,386.26
Claim for $15,000
For replacement of siding
Amount awarded
$6,600
For materials and installation, taking into account depreciation of 56%
Full judgment (in French only)
Murray c. LP (Louisiana Pacific Corp.)
August 2017
Floating wood flooring with dents and flaking paint less than one month after installation
Claim allowed
Summary
Purchase price: $2,634.08
Claim for $2,634.14
- $990.67 for reimbursement of purchase price;
- $1,643.47 for installation costs.
Amount awarded
$2,634.08
Full judgment (in French only)
Hogan c. Produits de bâtiment Taiga
February 2017
Abnormal expansion of floating vinyl flooring planks about ten days after installation
Claim allowed
Summary
Purchase price: $3,248.93, plus $1,700 for installation
Claim for $5,500
For replacement of floor
Amount awarded
$5,500
Full judgment (in French only)
Zmyslony c. Couvre-planchers Gagnon inc.
December 2016
Roof shingles torn or damaged by wind six years after installation
Claim allowed
Summary
Purchase price: unspecified
Claim for $7,000
For replacement of shingles
Amount awarded
$7,000
Full judgment (in French only)
D'Amours c. Cie de matériaux de construction BP Canada
August 2016
Thermal panes in windows needed replacement 14 years after installation
Claim dismissed
Summary
Purchase price: unspecified
Claim for $3,966.04
For replacement of thermal panes
Amount awarded
$0
Full judgment (in French only)
Carle c. Portes et châssis Eddy Boulet inc.
June 2016
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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