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
Engine of new automobile broke down after 120,626 kilometres in nearly 10 years
Claim dismissedSummary
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 partSummary
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 partSummary
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 rejetéeSummary
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
New vehicle with defective air conditioning system 4 years after purchase
Claim allowed in partSummary
Purchase price: unspecified
Claim for $2,411.72
- $1,241.82 for cost of repairs and vehicle inspection
- $1,170 for inconvenience suffered
Amount awarded
$ 2,241.82
- $1,241.82 for cost of repairs and vehicle inspection
- $1,000 for inconvenience suffered
Full judgment (in French only)
November 2020
New vehicle presented many problems with steering, clutch, and transmission as of first week of use
Claim allowed in partSummary
Purchase price: $23,500
Claim for $15,000
As reduction in sales price
Amount awarded
$10,000
Unspecified
Full judgment (in French only)
Manolakos c. Ford du Canada limitée
April 2020
New vehicle with flaking paint a few years after purchase
Claim allowed in partSummary
Purchase price: $21,692.47
Claim for $8,299.30
- $6,899.30 for cost of repairs
- $1,200 for cost of car rental and expert and estimate fees
Amount awarded
$2,500
For cost of repairs
Full judgment (in French only)
March 2020
New car with paint delamination 5 years after sale
Claim allowed in partSummary
Price paid: $24,585.13
Claim for $8,389.77
- $7,015.42 for cost of repairs
- $500 for car rental
- $862.31 for cost of estimate
- $12 for cost of registered mail
Amount awarded
$2,212
- $2,000 for cost of repairs
- $200 for cost of estimate
- $12 for cost of registered mail
Full judgment (in French only)
January 2020
Rust on doors of new vehicle and paint detaching 9 years after purchase
Claim allowed in partSummary
Purchase price: unspecified
Claim for $5,548.76
For cost of repairs
Amount awarded
$1,994.78
For depreciated cost of repairs
Full judgment (in French only)
January 2019
Transmission of new automobile broke down and required replacement less than four years after purchase and after 109,041 km
Claim allowed in partSummary
Purchase price: $26,600
Claim for damages (unspecified amount)
Amount awarded
$2,936.76
- $2,914.52 for repair costs;
- $22.24 for sending formal notice.
Full judgment (in French only)
December 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.
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