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 vehicle with corrosion problem three years after purchase
Claim allowed in partSummary
Purchase price: $25,929.46
Claim for $6,185
- $5,645 for cost of repairs;
- $140 for cost of estimate;
- $400 for inconvenience suffered.
Amount awarded
$3,140
- $3,000 for cost of repairs;
- $140 for cost of estimate.
Full judgment (in French only)
Leclair c. La Pérade Ford inc.
February 2016
Fog lights of new vehicle broke after 26,000 km in under a year, body of vehicle rusted after four years of use (110,000 km) and muffler made rumbling noise after five years
Claim dismissedSummary
Purchase price: not specified
Claim for $3,126.83
- $1,051.24 for repair of fog lights and rust;
- $1075.59 for replacement of muffler;
- $1,000 for inconvenience suffered.
Amount awarded
$0
Full judgment (in French only)
Muir c. 2527-9829 Québec inc. (Subaru Sherbrooke)
June 2015
Several major parts of new vehicle, including distribution chain, engine, and turbo, had to be replaced the year after purchase
Claim allowed in partSummary
Purchase price: $25,929.46 (amount not specified)
Amount awarded
$5,652.85
- $4,343.76 for repair of turbo and engine;
- $934.09 to repair oil leak from motor;
- $375 for expert witness.
Full judgment (in French only)
October 2014
Rack and pinion of new car had to be replaced after just under 29 months and 88,350 kilometres on the odometer
Claim allowed against Toyota only (dismissed against vehicle repairer)Summary
Purchase price: not specified
Claim for $1,500 (cost of repairs)
Amount awarded
$1,500
Full judgment (in French only)
Ouellet c. Automobiles Léveillé inc.
September 2014
Automobile engine broke down 7 years after purchase
Claim allowed in partSummary
Purchase price: $65,000
Claim for $7,000 (for repair work)
Amount awarded
$4,690 (for loss of use during major repairs)
Full judgment (in French only)
September 2014
Heating in new vehicle stopped working three years after sale due to a manufacturing defect, i.e., steel particles in the heater core
Claim allowed in partSummary
Price paid: not indicated
Claim of $6,856
- $3,306 for the cost of repairs;
- $3,550 in damages and punitive damages.
Amount awarded
$3,383.05
- $313.93 for the cost of repairs and car rental;
- $1,000 for inconvenience suffered.
Full judgment (in French only)
Langlois Gutkin c. Chrysler Canada inc.
January 2014
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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