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
Windshield of new automobile sustained water infiltrations three years after purchase
Claim allowed in partSummary
Purchase price: unspecified
Claim for $3,983.22
- $143.72 to remove and reinstall windshield;
- $34.44 for cleaning expenses;
- $1,305.06 to correct the problem;
- $2,500 for inconvenience suffered.
Amount awarded
$2,483.22
- $143.72 to remove and reinstall windshield;
- $34.44 for cleaning expenses;
- $1,305.06 to correct the problem;
- $1,000 for inconvenience suffered.
Full judgment (in French only)
Gagnon c. Trois-Rivières Chevrolet Buick GMC Cadillac inc.
November 2018
Paint on new automobile has deteriorated significantly 9 years after purchase
Claim allowed in partSummary
Purchase price: unspecified
Claim for $3,073
Cost to repaint vehicle
Problems with camshaft sensor of new hybrid vehicle less than one year after purchase
Claim allowedSummary
Purchase price: unspecified
Claim for $502.26 (for repair costs)
New automobile with major corrosion problems seven and a half years after purchase
Claim dismissedSummary
Purchase price: $20,395
Claim for $8,000 (repair costs)
Vehicle with transmission that broke 7 years after purchase and intermittent problems with radio and windows
Claim dismissedSummary
Purchase price: $27,099
Claim for expenses incurred (amount not specified)
Engine of new automobile made a rattling sound and required replacement 5 ½ years after purchase and 130,000 km
Claim dismissedSummary
Purchase price: $19,911 including taxes
Claim for $11,500
- $6,000 for the value of the vehicle;
- $5,000 for loss of use;
- $500 for file opening fees.
New vehicle had to be repaired repeatedly a few months after purchase due to problems related to urea
Claim allowed in partSummary
Purchase price: $64,095
Claim for $8,500 for:
- loss of use;
- loss of salary;
- travel expenses;
- interest;
- inconvenience suffered.
Amount awarded
$3,595.90
$3,500 plus interest for inconvenience suffered and loss of time
Full judgment (in French only)
October 2017
Bottom of doors of new vehicle discoloured and rusted one year after purchase
Claim allowedSummary
Price paid: $19,399.73
Claim of $3,624 (cost to repaint vehicle)
Motor of new automobile had to be replaced after 82,649 km
Claim allowedSummary
Price paid: $32,333.04
Claim of $5,449.70 (cost to replace motor)
Amount awarded
$5,449.70
Full judgment (in French only)
Poirier c. Mauger Suzuki Automobile
July 2017
Oil pump of new car led to engine breakdown four years after sale and after driving 128,267 km
Claim dismissedSummary
Purchase price: $59,000
Claim for $15,000
- $10,075.02 for cost of repairs;
- $198.83 for cost of estimate;
- $109.23 for towing charges;
- $50 for cost of formal notice;
- $4,566.92 for loss of use and inconvenience suffered.
Amount awarded
$0
Full judgment (in French only)
Lemire c. Bourassa West Island inc. (BMW West Island)
July 2017
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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