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 3
Exterior siding flaking and showing knots three years after installation
Claim allowed in part
Summary
Purchase price: unspecified
Claim for $9,741.50
Amount awarded
$888.75
For repair costs
Full judgment (in French only)
April 2016
Wood stove rusted within months of purchase
Claim allowed in part
Summary
Purchase price: unspecified
Claim for cancellation of sale
Amount awarded
$2,225
For cancellation of sale, excluding cost of installing new stove
Full judgment (in French only)
Marquis (Succession de) c. Maçonnex Sherbrooke inc.
January 2016
Asphalt shingles deteriorated 16 years after installation
Claim dismissed
Summary
Purchase price: unspecified
Claim for $1,200 (unspecified reason)
Wooden kitchen cabinets coated with thermoplastic degraded six years after purchase
Claim allowed
Summary
Purchase price: unspecified
Claim for $6,785
For replacement of cabinets
Amount awarded
$6,785
Full judgment (in French only)
Grenon c. Construction Jean-François Toulouse inc.
May 2015
Roof shingles cracked and warped 12 years after installation
Claim allowed in part
Summary
Purchase price: unspecified
Claim for $7,000
Amount awarded
$5,000
For replacement cost taking into account a depreciation of approximately 60%
Full judgment (in French only)
Bourdeau c. Industries Iko ltée
April 2015
Thermal panes in windows needed replacement 15 years after purchase
Claim dismissed
Summary
Purchase price unspecified
Claim for $2,979.86
For replacement of thermal panes
Porcelain ceramic tiles became foggy shortly after installation
Claim allowed in part
Summary
Purchase price: $1,143.90 plus taxes
Claim for $6,370.15
Amount awarded
$3,411.85
- $1,315.20 for reimbursement of purchase price;
- $565.81 for adhesive and various accessories;
- $1,070.94 for installation;
- $459.90 for removal and reinstallation of the woodwork.
Full judgment (in French only)
Tessier c. 9182-2049 Québec inc. (Entrepôt du couvre-plancher
January 2015
Thermal panes in windows needed be replacement ten to twelve years after installation
Claim dismissed
Summary
Purchase price: unspecified
Claim for $4,984
For replacement of thermal panes
Amount awarded
$0
Full judgment (in French only)
Pontbriand c. Aluminart Architectural inc.
January 2015
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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