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

Kitchen table and chairs deteriorated less than 1 year after purchase

Claim allowed

Summary

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 part

Summary

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)

Pelletier c. Financeit

June 2022

Fence collapsed a few weeks after installation

Claim allowed in part

Summary

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 allowed

Summary

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

Amount awarded

$1,664.18

Full judgment (in French only)

Fortin c. Sécurassure Canada inc.

May 2022

Wall bed broke one year after the sale

Claim allowed in part

Summary

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)

Okuka c. EK Design

April 2022

Steel roof with paint delamination problems approximately 17 years after installation

Claim allowed in part

Summary

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

Blower broke less than 3 months after maintenance

Demande accueillie en partie

Summary

Purchase price: unspecified

Claim for $1,421.10

  • 690,23 $ pour les coûts de réparation,
  • 230,87 $ pour les frais de la maintenance antérieure,
  • 500 $ pour les inconvénients subis.

Amount awarded

690,23 $

Pour les coûts de réparation

Full judgment (in French only)

Dufour c. Outilleur Express inc.

June 2021

Roofing that caused water infiltration 6 years after installation

Claim allowed in part

Summary

Price paid: unspecified

Claim for $5,818.80

For cost of corrective work

Amount awarded

$3,059.40

For cost of corrective work

Full judgment (in French only)

Ratté c. Rénovation Marmax inc.

May 2021

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

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 : October 12, 2023

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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.