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.
Examples of judgments
| Issue | Summary of claim | Outcome | Amount awarded | Full judgment (in French only) |
|---|---|---|---|---|
| New scooter has minor defects within 2 years of purchase (purchase price: $3,697.60) | Claim for cancellation of sale | Claim dismissed | $0 | Laroche c. 9055-2647 Québec inc. (Rock Moto Sport) (February 2018) |
| Track on snowmobile broke after 2 seasons and 9,500 kilometres (purchase price: $16,355.88) | Claim for $1,583.19 (for replacement of track) | Claim dismissed | $0 | Pelletier c. Bombardier Produits récréatifs inc. (September 2017) |
| Universal joint on recreational all-terrain vehicle broke and started a fire after 160 hours of use and 4,000 kilometres (purchase price: $13,235) | Claim for $8,471.24 (for damage to vehicle) | Claim dismissed | $0 | Archambault c. Bombardier Produits récréatifs inc. (May 2017) |
| Tires of new all-terrain vehicle had to be replaced after 8,000 km, driven pulley and QRS had to be replaced four months after sale (purchase price: not specified) | Claim for $3,434.36 ($858.82 for replacement of tires, $1,675.54 for replacement of driven pulley and QRS, $400 for inconvenience suffered, and $500 in punitive damages) | Claim allowed in part | $1,730 ($430 for replacement of tires, $1,000 for premature deterioration of driven pulley and QRS, and $300 for loss of use of vehicle) | Bernier c. BRP inc. (March 2017) |
| New motorized vehicle affected by water infiltration problem from roof after less than three years of use (purchase price: $78,003.48) | Claim for $6,366.32 ($6,066.32 for cost of corrective work and $300 for inconvenience suffered) | Claim allowed in part | $5,200 ($5,000 for cost of repairs and $200 for inconvenience suffered) | Babin c. Prestige Auto-Max inc. (November 2016) |
| Major leaks in cab of new recreational vehicle 25 months after sale (purchase price: $68,870.02) | Claim for $3,623.01 ($2,873.01 for cost of repairs, $150 for purchase of fabric and repair of cushions, $300 for transportation expenses of expert witness, and $300 for moral damages) | Application granted in part | $3,207.42 ($2,873.01 for cost of repairs, $34.41 for purchase of fabric, and $300 for inconvenience suffered) | Tremblay c. Caravane Marco (2008) inc. (October 2016) |
| All-terrain vehicle suddenly caught fire 11 months after purchase and was completely destroyed (purchase price: not specified) | Claim for $17,051.37 ($15,671.37 for value of vehicle at time of loss and $1,380 for intervention of fire department) | Application granted against only two defendants | $17,051.37 | Industrielle Alliance, assurances auto et habitation inc. c. 3373738 Canada inc. (Attache-remorques Gatineau) (September 2016) |
| Clutch system of new motorcycle’s transmission not working properly a few days after sale (purchase price: $2,065) | Application to cancel sale and for damages (amount not specified) | Application dismissed | $0 | De Montigny c. Motosport Mauricie Bois-Francs (March 2016) |
| Track on all-terrain vehicle needed to be replaced 3 times after second month of use (purchase price: $14,232.14) | Claim for $4,793.47 ($1,193.04 for repair expenses, $1,600.43 for price difference between vehicle and replacement vehicle, and $2,000 for loss of time) | Claim allowed in part | $1,693.04 ($1,193.04 for repair expenses and $500 for inconvenience suffered) | Normandin c. 9018-5653 Québec inc. (Motosports 4 saisons) (August 2015) |
| Track on snowmobile broke after 3 seasons and 7,100 kilometres (purchase price: unspecified) | Claim for $2,752.98 (for reimbursement of purchase price and repair costs, and for inconvenience suffered) | Claim dismissed | $0 | Dufour c. Desmeules Automobiles inc. (June 2015) |
| Fuel pump of new moped had to be replaced about two and a half years after sale (purchase price: $2,065) | Claim for $953.46 (cost of replacing fuel pump) | Application granted | $953.46 | Jiona c. Yamaha Moteur du Canada ltée (June 2015) |
| Engine of new all-terrain vehicle broke down four years and four months after sale (purchase price: $8,935.98) | Claim for $7,000 ($5,022.76 for estimated cost of repairs and $1,977.24 for inconvenience suffered) | Claim dismissed | $0 | Gonthier c. Suzuki Canada inc. (March 2015) |
| Engine of new all-terrain vehicle broke down after less than 24 months of use and after approximately 2,500 km (purchase price: $10,512) | Claim for $6,116.90 (cost of repairs) | Claim allowed | $6,116.90 | Coulombe c. Passion Sport inc. (January 2015) |
| New snowmobile caught fire three weeks after purchase (purchase price: $9,730) | Claim for $7,000 (reimbursement of amounts paid) | Claim allowed in part | $5,000 (for premature loss of snowmobile) | Mailloux c. 9174-1819 Québec inc. (H. Grégoire Récréatif) (January 2014) |
| Shortly after purchase, two new motocross motorcycles presented numerous problems, including gas leaks, flat tires, and handles that fell off (purchase price: $2,759.40) | Application to cancel sale | Application granted in part | $2,004.40 (reimbursement of purchase price less $750 to take into account use of motorcycles) | Boucher c. 9192-3250 Québec inc. (January 2014) |
| Belt on tractor broke 1 month after sale (purchase price: $2,221.97) | Claim for $2,752.98 (for reimbursement of purchase price and repair costs, and for inconvenience suffered) | Claim dismissed | $0 | Poulin c. Garage Éloi Morin et Fils inc. (September 2013) |
Note to the reader: The judgment summaries above were provided by SOQUIJ. In rare cases, they may have been subject to an appeal before a higher authority. If you intend on citing any of these judgments before the court, it is recommended that you check the minutes book of the courthouse in question.
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 : June 7, 2019
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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.
