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 caught fire three weeks after purchase
Claim allowed in partSummary
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 partSummary
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 dismissedSummary
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 dismissedSummary
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 : 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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