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 – Page 3
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
Fuel pump of new moped had to be replaced about two and a half years after sale
Application granted
Summary
Purchase price: $2,065
Claim for $953.46 (cost of replacing fuel pump)
Amount awarded
$953.46
Full judgment (in French only)
Jiona c. Yamaha Moteur du Canada ltée
June 2015
Floor of tent-trailer softened 2 years after purchase and needed to be replaced
Claim allowed in part
Summary
Price paid: $8,784
Resolution of sale
$7,000 for reimbursement of purchase price
Amount awarded
2 985,81 $
For cost of required corrective work
Full judgment (in French only)
Héroux c. Roulottes de l'Estrie inc.
May 2015
Engine of new all-terrain vehicle broke down four years and four months after sale
Claim dismissed
Summary
Purchase price: $8,935.98
Claim for $7,000
- $5,022.76 for estimated cost of repairs;
- $1,977.24 for inconvenience suffered.
Engine of new all-terrain vehicle broke down after less than 24 months of use and after approximately 2,500 km
Claim allowed
Summary
Purchase price: $10,512
Claim for $6,116.90 (cost of repairs)
New snowmobile caught fire three weeks after purchase
Claim allowed in part
Summary
Purchase price: $9,730
Claim for $7,000 (reimbursement of amounts paid)
Amount awarded
$5,000
For premature loss of snowmobile
Full judgment (in French only)
Mailloux c. 9174-1819 Québec inc. (H. Grégoire Récréatif)
July 2014
Shortly after purchase, two new motocross motorcycles presented numerous problems, including gas leaks, flat tires, and handles that fell off
Application granted in part
Summary
Purchase price: $2,759.40
Application to cancel sale
Amount awarded
$2,004.40
Reimbursement of purchase price less $750 to take into account use of motorcycles
Full judgment (in French only)
Boucher c. 9192-3250 Québec inc.
January 2014
Track on snowmobile broke after 3 seasons and 7,100 kilometres
Claim dismissed
Summary
Purchase price: unspecified
Claim for $2,752.98 (for reimbursement of purchase price and repair costs, and for inconvenience suffered)
Amount awarded
$0
Full judgment (in French only)
Dufour c. Desmeules Automobiles inc.
September 2013
Belt on tractor broke 1 month after sale
Claim dismissed
Summary
Purchase price: $2,221.97
Claim for $2,752.98 (for reimbursement of purchase price and repair costs, and for inconvenience suffered)
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 : March 2, 2023
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