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

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)

Bitzakidis c. Rousseau

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

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)

Arcand c. Maibec inc.

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

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.