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 partSummary
Purchase price: $22,500
Claim for $14,069.29
- $303.68 to purchase the repair materials
- $60 for the cost of using a personal vehicle to purchase the materials
- $640 for the cost of using a personal vehicle because the vehicle was towed
- $574.88 to redo the seals
- $3,450 for loss of enjoyment of the RV
- $2,500 for the repair time
- $185 for the cost of the repair estimate
- $10.80 for the cost of the formal notice
- $6,000 for the vehicle’s loss of value
- $344.93 for the cost of the inspection
Amount awarded
$4,904.41
- $303.68 to purchase the repair materials
- $60 for travel costs
- $2,500 for the repair time
- $185 for the cost of the repair estimate
- $10.80 for the cost of the formal notice
- $344.93 for the cost of the inspection
- $1,500 for the loss of the vehicle’s availability and use
Full judgment (in French only)
Perreault c. VR Martin Lajeunesse inc. (VRML)
November 2022
New ATV needed several major repairs in the months after it was purchased (spark plugs, fuel pump, injection system)
Claim allowed in partSummary
Purchase price: $10,591.50
Application to cancel the sale and for damages
Unspecified amount
Amount awarded
$7,063.44
- $1,063.44 for expenses and costs incurred
- $1,000 for inconvenience suffered
- $5,000 for the vehicle’s loss of value
Full judgment (in French only)
November 2022
The track studs on a new snowmobile were cracked after 3 months of use
Claim allowedSummary
Purchase price: $13,746
Claim for $1,638.35
To replace the track
Amount awarded
$1,638.35
Full judgment (in French only)
Mercier c. Bombardier produits récréatifs inc.
July 2022
Defective starter on a new moped the day after it was purchased
Claim allowed in partSummary
Purchase price: $3,484.88
Application to cancel the sale and for $3,347.28
- $3,484.88 for reimbursement of sales price
- $552.63 for cost of insurance
- $331.71 for cost of registration
- $95.68 for storage cost
- $86.23 for bailiff’s fees
- $781.03 for travel costs
- $1,500 for moral damages
Amount awarded
$5,551.13
- $3,484.88 for reimbursement of sales price
- $1,066.25 for costs incurred
- $1,000 for moral damages
Full judgment (in French only)
Joanisse c. R. Goulet Moto Sports inc.
May 2022
Loader on a new tractor broke after 207 hours of use
Claim allowed in partSummary
Purchase price: $22,000
Claim for $3,547.64
- $2,848.81 to repair the loader
- $300 for transportation costs
- $398.83 for interest expenses
Amount awarded
$2,998.81
- $2,848.81 to repair the loader
- $150 for transportation costs
Full judgment (in French only)
Thiffeault c. Avantis Coopérative New Holland
September 2021
Engine of new all-terrain vehicle stopped working after less than 4 years of use
Claim dismissedSummary
Price paid: $18,300
Claim for $9,236.93
- $7,424.21 to repair engine
- $312.72 to repair exhaust pipe
- $1,500 for inconvenience suffered
New snowmobile with engine problems approximately 2 years after purchase
Claim allowed in partSummary
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 partSummary
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 partSummary
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 allowedSummary
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
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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