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 snowmobile with engine problems approximately 2 years after purchase
Claim allowed in part
Summary
Purchase price: $19,177.95
Claim for $6,476.04
- For repair and insurance costs, loss of one season of snowmobiling (unspecified amount)
- $360 for monthly installment payment
Amount awarded
$3,000
Unspecified reason
Full judgment (in French only)
Marcoux c. Bombardier produits récréatifs inc.
May 2020
New all-terrain vehicle with radiator and battery problems within 2 years of sale
Claim allowed in part
Summary
Purchase price: $17,248.55
Claim for $14,248.55
- $8,248.55 for loss of resale value
- $6,000 for inconvenience suffered
Amount awarded
$6,000
For inconvenience suffered
Full judgment (in French only)
May 2020
Chassis of fifth-wheel trailer cracked 5 years after purchase
Claim allowed in part
Summary
Price paid: not stated
Claim of $11,103.38
- Cost of repairs (amount not specified);
- $1,000 for inconvenience suffered and loss of enjoyment of vehicle.
Amount awarded
$7,702.48
For cost of repairs
Full judgment (in French only)
November 2019
Snowmobile stopped working after approximately 765 kilometres
Claim allowed
Summary
Price paid: $12,646.10
Claim for $12,656.60
- $12,646.10 to reimburse sales price;
- $10.50 for formal notice.
Amount awarded
$12,656.60
Full judgment (in French only)
Déry c. Yamaha Motor Canada Ltd.
September 2019
Truck tractor has problems with tires, air conditioning, radiator, and transmission a few weeks after sale
Claim allowed in part
Summary
Price paid: $51,750
Claim for $14,866.28
- $10,866.28 for cost of repairs;
- $4,000 for loss of income.
Amount awarded
$5,000
As reduction in sales price, for cost of repairs
Full judgment (in French only)
Tremblay c. Machineries Rosaire Thériault inc.
May 2019
Motorcycle stopped working after 1,097 kilometres
Claim allowed in part
Summary
Price paid: close to $8,000
Claim for an amount of money and damages
- $2,279.05 for cost of repairs;
- $840 for loss of enjoyment of motorcycle;
- Unspecified amount for loss of value of motorcycle.
Amount awarded
$2,494.48
- $1,994.48 for cost of repairs;
- $500 for inconvenience and loss of enjoyment of motorcycle.
Full judgment (in French only)
Krzysztof c. Moto Illimitées inc.
April 2019
Engine of all-terrain vehicle broke after 1,000 km of use
Claim dismissed
Summary
Price paid: $13,951.07
Claim for $2,876.24
For cost of motor repair
New boat’s fuel supply pumps needed to be replaced 5 years after purchase, after approximately 52 hours of use
Claim allowed in part
Summary
Price paid: not specified
Claim of $4,647.62
- $3,647.62 for replacement of fuel supply pumps and cleaning of fuel injectors;
- $1,000 for inconvenience suffered.
Amount awarded
$3,647.62
For replacement of fuel supply pumps and cleaning of fuel injectors
Full judgment (in French only)
Dufour c. Mercury Marine Limited
December 2018
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
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 : May 3, 2021
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