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
Problems with the suspension on new automobile since the purchase, and seat ripped 3 years after the sale
Claim allowed in partSummary
Purchase price: $60,000
Claim for $8,101.27
- $7,000 for inconvenience suffered
- $97.73 for towing fees
- $979.64 for the cost of repairs
Amount awarded
$2,847.73
- $2,750 for inconvenience suffered
- $97.73 for towing fees
Full judgment (in French only)
November 2023
Engine on new automobile had to be replaced 4 years after the sale and 117,500 kilometres
Claim allowed in partSummary
Purchase price: $59,529.76
Claim for $6,032.09
- $5,531.09 for the cost of repairs
- $500 for inconvenience suffered
Amount awarded
$3,015.55
- $2,765.55 for the cost of repairs
- $250 for inconvenience suffered
Full judgment (in French only)
Lefebvre c. Solution Ford inc.
May 2023
Transmission on a new automobile had to be replaced 2 years after the sale and 123,968 kilometers
Claim allowedSummary
Purchase price: unspecified
Claim for $3,702.98
To replace the transmission
Suspension springs on a new automobile had to be replaced 7 years after the sale and 21,000 kilometers
Claim allowed in partSummary
Purchase price: unspecified
Claim for $4,687.92
For the cost of repairs, loss of time, technical opinion, and the cost of research
Amount awarded
$1,322.03
For the cost of repairs
Full judgment (in French only)
Rocray c. Volkswagen Canada inc.
April 2022
New automobile with a corrosion problem 8 years after the sale and over 168,000 kilometers
Claim dismissedSummary
Purchase price: unspecified
Claim for $9,337.85
Unspecified amount
Air conditioning system on a new automobile stopped working less than 6 years after purchase
Claim allowed in partSummary
Purchase price: unspecified
Claim for $750
Unspecified amount
Amount awarded
$446.58
To replace the air conditioning system
Full judgment (in French only)
January 2022
New automobile whose clutch system requires annual replacement
Claim allowedSummary
Price paid: Nearly $26,000
Claim for $10,000
- $8,000 for loss of value of vehicle
- $2,000 for loss of time and inconvenience suffered
New car engine overheated 8 years after sale and 123,581 km
Claim allowed in partSummary
Price paid: approximately $36,000
Claim for $7,511.78
- $7,219.93 for engine replacement
- $45.39 for inspection fees
- $62.50 for travel expenses
- $183.96 for towing fees
Amount awarded
$7,265.32
- $7,219.93 for engine replacement
- $45.39 for inspection fees
Full judgment (in French only)
December 2021
Paint on new car flaked less than 4 years after sale
Claim allowed in partSummary
Price paid: $23,279.53
Claim for $5,887.51
- $5,715.05 for cost of repairs
- $172.46 for cost of estimate
Amount awarded
$2,847.98
For cost of repairs
Full judgment (in French only)
Fortin Ouellet c. Ford du Canada limitée
November 2021
Paint on new automobile peels and fades prematurely
Claim allowed in partSummary
Price paid: $25,580.64
Claim for $8,758.96
For damages
Amount awarded
$7,000
Full judgment (in French only)
Guimond c. Automobiles Île Perrot inc.
May 2021
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 : August 21, 2024
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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.
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