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 recreational vehicle with intermittent foul odour, problem with the electronic leveling system and noise in the dashboard within weeks of taking possession
Claim allowed in part
Summary
Purchase price: $131,155.68
Claim for $14,747
- $7,149 for repair costs;
- $3,098 for reimbursement of the extended warranty;
- $4,500 for various troubles and inconvenience suffered.
Amount awarded
$5,639.10
- $4,139.10 for the cost of decontamination;
- $1,500 for loss of use of the vehicle and lost time.
Full judgment (in French only)
Marcoux c. 6649611 Canada inc. (VR St-Nicolas)
November 2018
New scooter has minor defects within 2 years of purchase
Claim dismissed
Summary
Purchase price: $3,697.60
Claim for cancellation of sale
Amount awarded
$0
Full judgment (in French only)
Laroche c. 9055-2647 Québec inc. (Rock Moto Sport)
February 2018
Track on snowmobile broke after 2 seasons and 9,500 kilometres
Claim dismissed
Summary
Purchase price: $16,355.88
Claim for $1,583.19 (for replacement of track)
Amount awarded
$0
Full judgment (in French only)
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
Claim dismissed
Summary
Purchase price: $13,235
Claim for $8,471.24 (for damage to vehicle)
Amount awarded
$0
Full judgment (in French only)
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
Claim allowed in part
Summary
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;
- $500 in punitive damages.
Amount awarded
$1,730
- $430 for replacement of tires;
- $1,000 for premature deterioration of driven pulley and QRS;
- $300 for loss of use of vehicle.
Full judgment (in French only)
March 2017
New motorized vehicle affected by water infiltration problem from roof after less than three years of use
Claim allowed in part
Summary
Purchase price: $78,003.48
Claim for $6,366.32
- $6,066.32 for cost of corrective work;
- $300 for inconvenience suffered.
Amount awarded
$5,200
- $5,000 for cost of repairs;
- $200 for inconvenience suffered.
Full judgment (in French only)
Babin c. Prestige Auto-Max inc.
November 2016
Major leaks in cab of new recreational vehicle 25 months after sale
Application granted in part
Summary
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;
- $300 for moral damages.
Amount awarded
$3,207.42
- $2,873.01 for cost of repairs;
- $34.41 for purchase of fabric;
- $300 for inconvenience suffered.
Full judgment (in French only)
Tremblay c. Caravane Marco (2008) inc.
October 2016
All-terrain vehicle suddenly caught fire 11 months after purchase and was completely destroyed
Application granted against only two defendants
Summary
Purchase price: not specified
Claim for $17,051.37
- $15,671.37 for value of vehicle at time of loss;
- $1,380 for intervention of fire department.
Amount awarded
$17,051.37
Full judgment (in French only)
September 2016
Clutch system of new motorcycle’s transmission not working properly a few days after sale
Application dismissed
Summary
Purchase price: $2,065
Application to cancel sale and for damages (amount not specified)
Amount awarded
$0
Full judgment (in French only)
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
Claim allowed in part
Summary
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;
- $2,000 for loss of time.
Amount awarded
$1,693.04
- $1,193.04 for repair expenses;
- $500 for inconvenience suffered.
Full judgment (in French only)
Normandin c. 9018-5653 Québec inc. (Motosports 4 saisons)
August 2015
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 : September 15, 2020
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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.
