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 motorized vehicle affected by water infiltration problem from roof after less than three years of use
Claim allowed in partSummary
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 partSummary
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 defendantsSummary
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 dismissedSummary
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
Boat with osmosis 7 years after purchase
Claim allowed in partSummary
Price paid: $29,999.62
Claim of $7,000
Reimbursement of repair and transportation costs
Amount awarded
$5,700
For depreciated cost of repairs and boat transportation costs
Full judgment (in French only)
Carrier c. Binette Marine inc.
September 2015
Track on all-terrain vehicle needed to be replaced 3 times after second month of use
Claim allowed in partSummary
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 grantedSummary
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 partSummary
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 dismissedSummary
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 allowedSummary
Purchase price: $10,512
Claim for $6,116.90 (cost of repairs)
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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