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
Used moped malfunctioned and had intermittent starting issues in the days following its sale
Claim allowed in partSummary
Purchase price: $2,539.80
Claim for $2,450
For damages
Amount awarded
$1,500
For loss of use, inconvenience related to the breakdowns, and loss of the vehicle’s resale value
Full judgment (in French only)
Gendron c. 9272-2800 Québec inc. (Scootershop)
May 2022
Used tractor with reverse gear issues after the first few kilometers
Claim allowedSummary
Price paid: $39,100
Claim for $1,324.86
For cost of repairs
Amount awarded
$1,324.86
Full judgment (in French only)
Savoie c. Machinerie JNG Thériault inc.
January 2021
Used school bus with water infiltration as of first use in the rain
Claim allowed in partSummary
Purchase price: $6,500
Unspecified claim amount
Amount awarded
$2,600
- $1,950 for cost of repairs
- $650 for inconvenience suffered
Full judgment (in French only)
May 2020
Used snowmobile that presented problems from first use and had to be repaired 4 times in 2 months for various defects
Claim allowed in partSummary
Purchase price: $3,774.75
Claim for cancellation of sale and reimbursement of repairs costs and expenses incurred
Unspecified amount
Amount awarded
$4,133.35
For reimbursement of purchase price and cost of repairs
Full judgment (in French only)
Deneault c. Performance GP Montmagny inc.
March 2020
Engine of used pleasure craft not functional at first launch
Claim allowed in partSummary
Price paid: $8,000
Claim for annulment of sale and for damages
- $8,000 for reimbursement purchase price;
- $150 for reimbursement of protective canvas;
- $506.87 for lost wages;
- $1,000 for loss of enjoyment of boat;
- $375 for reimbursement of insurance premium paid;
- Reimbursement of gas and boat launch fees (amounts not specified).
Amount awarded
$10,031.87
- $8,000 for reimbursement of purchase price;
- $150 for reimbursement of protective canvas;
- $506.87 for lost wages;
- $1,000 for loss of enjoyment of boat;
- $375 for reimbursement of insurance premium paid.
Full judgment (in French only)
April 2019
Used recreational vehicle with several components that malfunctioned shortly after purchase (refrigerator, washroom valve, water infiltration through the ceiling, extension cord not deploying properly)
Claim allowed in partSummary
Purchase price: $51,000 (in exchange for a vehicle valued at $9,000)
Claim for $15,000
For repair costs and inconvenience suffered
Amount awarded
$3,276.11
- $1,780.61 for repairs to wall, inner ceiling and refrigerator;
- $180 for repairs to toilet plumbing;
- $517.50 for the replacement of a skylight;
- $248.34 for repair of a retractable unit;
- $49.66 for formal notices;
- $500 for trouble and inconvenience suffered.
Full judgment (in French only)
October 2018
Used all-terrain vehicle that had steering and engine problems after less than ten hours’ use
Claim allowed in partSummary
Purchase price: $10,800
Claim for $15,000
For reimbursement of repair costs and of additional warranty as well as inconvenience suffered and loss of use of the vehicle
Amount awarded
$7,029.59
- $3,000 for repair costs;
- $3,029.59 for additional insurance;
- $1,000 for inconvenience suffered.
Full judgment (in French only)
Guilbault c. Motos illimitées inc.
September 2018
Used all-terrain vehicle that was completely destroyed in a fire eight months after purchase
Claim allowedSummary
Purchase price: $9,500
Claim for $8,775.33
Amount awarded
$8,775.33 (for inconvenience suffered)
Full judgment (in French only)
Promutuel Chaudière-Appalaches c. Motosport 116 inc.
July 2018
Engine of used recreational vehicle had to be replaced six and a half months after purchase, while the odometer indicated 65,249 km
Claim allowed in partSummary
Purchase price: $29,900
Claim for $15,000
Amount awarded
$3,000 (for the value of a reconditioned engine and inconvenience suffered)
Full judgment (in French only)
June 2018
Used all-terrain vehicle with damaged chassis and steering, and brakes that are almost unusable after first use
Claim allowedSummary
Purchase price: $1,200
Claim for cancellation of sale
Amount awarded
$1,200 (reimbursement of purchase price)
Full judgment (in French only)
Nadeau c. Benoît Lévesque Mini-mécanique BL inc.
March 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 : 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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