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
Paint of new vehicle bubbling due to corrosion three years after purchase
Claim allowed in partSummary
Purchase price: not specified
Claim for $1,148.74
- $977.85 for estimated cost of repairs;
- $147.54 for courtesy car;
- $22 for postage;
- $1.35 for photocopies.
Amount awarded
$1,001.20
- $977.85 for cost of repairs;
- $1.35 for photocopies;
- $22 for postage.
Full judgment (in French only)
Belhumeur c. Ford du Canada ltée
March 2017
Clutch of new vehicle broke four months after purchase
Claim allowed in partSummary
Purchase price: $26,184.41
Claim for $15,000
- $7,428.19 for difference between value of vehicle and outstanding balance on financing contract;
- $734.40 for transportation expenses to the dealership;
- $1,450 for loss of time;
- $1,200 for loss of use;
- $3,456 in punitive damages.
Amount awarded
$12,612.59
- $2,184 for transportation expenses and loss of time;
- $7,428.19 for difference between value of vehicle and outstanding balance on financing contract;
- $3,000 in punitive damages.
Full judgment (in French only)
Lessard c. Ford du Canada limitée
February 2017
Transmission of new vehicle had to be replaced four times after only two months of use
Claim allowed in partSummary
Purchase price: unspecified
Claim for $14,995
- $10,000 for loss of value upon resale;
- $4,995 for loss of use of the vehicle and inconvenience suffered.
Amount awarded
$1,500
- $1,000 for loss of use of the vehicle for 20 days;
- $500 for inconvenience suffered.
Full judgment (in French only)
February 2017
Heating and ventilation system of new car stopped working two months after purchase
Claim allowed in partSummary
Purchase price: $49,000
Claim for $14,000
- $10,000 for depreciation of car;
- $4,000 for inconvenience suffered.
Amount awarded
$1,000 (for inconvenience suffered)
Full judgment (in French only)
January 2017
Automobile developed problems after a few months of use and was recalled by manufacturer
Claim allowed in partSummary
Purchase price: unspecified
Claim for $15,000
- reimbursement of various invoices;
- loss of value of vehicle;
- inconvenience suffered.
Amount awarded
$10,000
- $500 for reimbursement of expenses paid;
- $4,000 for loss of resale value;
- $5,000 for accelerated depreciation due to premature sale;
- $500 for inconvenience suffered.
Full judgment (in French only)
Charron c. 9147-8495 Québec inc. (Hyundai Blainville)
October 2016
Longitudinal chassis beams of new pickup truck failed due to corrosion after 208,000 km in 12 years
Claim dismissedSummary
Price paid: $42,559.25
Claim of $15,000 for:
- loss of use of vehicle;
- purchase of another pickup truck;
- loss of time;
- inconvenience suffered;
- repairs necessary to sell the truck.
Amount awarded
$0
Full judgment (in French only)
Tremblay c. General Motors du Canada ltée
August 2016
Several defects affecting new vehicle less than 5 months after purchase; vehicle had to be repaired 19 times over a 27-month period
Claim allowed in partSummary
Purchase price: $35,869 before tax
Claim for $8,700 for:
- loss of income;
- mileage;
- loss of use;
- inconvenience suffered;
- other damage.
Amount awarded
$4,983.52
- $4,000 for loss of use and inconvenience suffered;
- $983.52 for loss of income.
Full judgment (in French only)
August 2016
Automobile defective since purchase
Claim allowed in partSummary
Purchase price: $46,250.20
Claim for $14,928.06
- $4,000 for loss of time and income;
- $500 for loss of use of automobile;
- $919.80 for reimbursement of training registration fees;
- $668.70 for reimbursement of anti-rust treatment;
- $674.56 for travel to garage;
- $5,000 for inconvenience suffered;
- $1,500 for replacement of steering rack;
- $1,500 for reimbursement of replacement insurance;
- $145 for inspection fees.
Amount awarded
$3,114.80
- $800 for travel to garage;
- $1,250 for days automobile was immobile in garage;
- $919.80 for reimbursement of training registration fees;
- $145 for inspection fees.
Full judgment (in French only)
Perez c. 9250-4299 Québec inc. (Albi Kia de Laval)
July 2016
Motor of new vehicle had to be replaced after 158,915 km in 2 years
Claim dismissedSummary
Price paid: $32,656
Claim of $5,468.25
- $5,066.07 to replace motor;
- $74.75 for towing;
- $327.45 for car rental.
Amount awarded
$0
Full judgment (in French only)
Burrows c. Centre de l'auto Mario Blain inc.
April 2016
Paint on automobile peeling or flaking after 7 years of use
Claim allowed in partSummary
Purchase price: unspecified
Claim for $6,323.63 (necessary costs of repainting vehicle)
Amount awarded
$3,161.82 (to take into account depreciation of 50%)
Full judgment (in French only)
March 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.
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