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

Windows loosened after 9 years of use

Claim allowed in part

Summary

Purchase price: unspecified

Unspecified

Amount awarded

$1,600

For replacement and installation of 3 windows

Full judgment (in French only)

Bouchard c. Portes et fenêtres LGC inc.

May 2020

Mahogany doors and windows with antique finish that faded and flaked 6 to 8 months after installation

Claim allowed in part

Summary

Over $130,000

Claim for $39,287.25

  • $30,287.25 for cost of corrective work to be done
  • $5,000 for inconvenience suffered
  • $4,000 for repairs already completed

Amount awarded

$28,845

For cost of repairs to be done

Full judgment (in French only)

Black c. Prodomo inc.

April 2020

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)

Lepage c. Parquet Royal inc.

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)

Murphy c. Kohler Canada Co.

July 2018

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.