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
Water infiltration in the back wall and floor of new RV after taking possession
Claim allowed in partNew ATV needed several major repairs in the months after it was purchased (spark plugs, fuel pump, injection system)
Claim allowed in partThe track studs on a new snowmobile were cracked after 3 months of use
Claim allowedDefective starter on a new moped the day after it was purchased
Claim allowed in partLoader on a new tractor broke after 207 hours of use
Claim allowed in partEngine of new all-terrain vehicle stopped working after less than 4 years of use
Claim dismissedNew snowmobile with engine problems approximately 2 years after purchase
Claim allowed in partNew all-terrain vehicle with radiator and battery problems within 2 years of sale
Claim allowed in partChassis of fifth-wheel trailer cracked 5 years after purchase
Claim allowed in partSnowmobile stopped working after approximately 765 kilometres
Claim allowedContinuing your search
You can also consult other court decisions concerning legal warranties using the search engine Cet hyperlien s’ouvrira dans une nouvelle fenêtre available free of charge on the SOQUIJ website (in French only).
Last update : August 21, 2024
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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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