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
New automobile whose clutch system requires annual replacement
Claim allowed
Summary
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 part
Summary
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)
November 2021
Paint on new car flaked less than 4 years after sale
Claim allowed in part
Summary
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 part
Summary
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
New car stopped abruptly weeks after sale
Claim allowed in part
Summary
Price paid: $31,749.21
Claim for $5,000
For reduction in sale price, stress and inconvenience arising from defects
Amount awarded
$3,500
For inconvenience, loss of time, and stress
Full judgment (in French only)
May 2021
New truck whose engine stopped working 6 years after sale
Claim allowed in part
Summary
Unspecified
Claim for $12,501.22
- $11,372.13 for engine replacement
- $91.98 for rental of platform trailer
- $500 for loss of work days
- $257.11 for towing expenses
- $280 for fuel expenses
Amount awarded
$5,172.04
- $4,542.95 for engine replacement
- $91.98 for rental of platform trailer
- $257.11 for towing expenses
- $280 for fuel expenses
Full judgment (in French only)
Normand c. Ford du Canada limitée
March 2021
Engine of new automobile broke down after 120,626 kilometres in nearly 10 years
Claim dismissed
Summary
Unspecified
Claim for $4,000
For value of vehicle at time of breakdown
New automobile with deteriorated paint and rust appearing 3 years after possession taken
Claim allowed in part
Summary
Unspecified
Claim for $6,514.82
- $5,209.99 for repair work
- $500 car rental
- $804.83 for expert fees
Amount awarded
$2,532.82
For repair work and sending of formal notice
Full judgment (in French only)
Chouinard c. Ford du Canada ltée
January 2021
New vehicle requiring replacement of engine a little over 5 years after purchase (after 136,224 km) and transmission the following year (after 138,000 km)
Claim allowed in part
Summary
Purchase price: $35,000
Claim for $6,970.59
For replacement of engine and transmission
Amount awarded
$4,235.88
For cost of replacing engine and towing fees
Full judgment (in French only)
December 2020
Powertrain control module of vehicle had to be replaced approximately 7 years after purchase and after 206,040 km
Demande rejetée
Summary
Purchase price: unspecified
Claim for $1,678.92
- $1,528.20 for cost of repairs
- $150.72 for car rental
Amount awarded
0 $
Full judgment (in French only)
Pilon c. Ford du Canada limitée (Barrière)
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 : March 2, 2023
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