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 2
Pressure regulator of personal watercraft broke after 152 hours of use and supercharger needed to be replaced
Claim allowed in part
Summary
Price paid: not specified
Claim of $6,924.27
- $6,297.22 for cost of repairs;
- $262.29 for financing costs;
- $364.76 for lawyer’s fees.
Amount awarded
$6,137.45
- $5,772.69 for cost of repairs;
- $364.76 for lawyer’s fees relating to demand letter.
Full judgment (in French only)
Rousseau c. Bombardier Produits récréatifs
April 2016
Personal watercraft had crack in hull, broken exhaust system elbow and bolt, and defective steering cable joint when possession taken
Claim allowed in part
Summary
Price paid: $3,250
Claim for annulment of sale and for damages
Amount not specified
Amount awarded
$750
- $500 for defects in personal watercraft’s steering;
- $250 for inconvenience suffered.
Full judgment (in French only)
March 2016
Engine of all-terrain vehicle stopped working after 1,166 km
Claim allowed in part
Summary
Purchase price: $5,116.39
Claim for $7,000 (reimbursement of purchase price and damages)
Amount awarded
$5,677.10
- $5,116.39 for reimbursement of purchase price;
- $560.71 for loss of use of vehicle.
Full judgment (in French only)
Hébert c. 9281-0845 Québec inc. (KNF Moteurs)
February 2016
Engine of used snowmobile stopped working after 250 km
Claim allowed in part
Summary
Purchase price: $4,029.13
Claim for $3,050 (for cost of repairs and inconvenience suffered)
Amount awarded
$1,800 (for cost of repairs and inconvenience suffered)
Full judgment (in French only)
Couture c. 9065-4344 Québec inc. (St-Roch Sports & plaisance)
February 2016
Engine of used snowmobile broke down after a few hundred kilometres
Claim allowed in part
Summary
Purchase price: $6,898.50
Claim for $1,973.20
Amount awarded
$1,000 (unspecified reason)
Full judgment (in French only)
Turgeon c. Laforest (Véhicule Éric Laforest)
January 2016
Engine of used tractor broke down after 344 hours of use over 6 years
Claim dismissed
Summary
Purchase price: not specified
Claim for $8,361.93 (cost of repairs and damages)
A few days after the taking of possession, used recreational vehicle presented several problems, including an oil leak from air compressor and defects in engine air conditioning, toilet, indicator lights, stabilizers, and air suspension
Application allowed in part
Summary
Purchase price: $97,788
Claim for $6,972
- $2,973 for repairs;
- $3,999 for transportation expenses and gas.
Amount awarded
$3,172
- $1,000 for replacement of batteries;
- $897 for repair of electrical, stabilizer, and suspension problems;
- $275 for deductible applicable to engine repair;
- $1,000 for inconvenience suffered.
Full judgment (in French only)
Monger c. 2528-1023 Québec inc. (Spécialiste en véhicules récréatifs)
July 2015
Rear tire and brakes of used motorcycle had to be replaced two months after purchase
Claim allowed in part
Summary
Purchase price: $6,560.69
Claim for $2,302.26 (for cost of repairs)
Amount awarded
$162 (for replacement of brakes)
Full judgment (in French only)
Lachance c. Lajeunesse Moto sport ltée
April 2015
Shortly after purchase, used recreational vehicle presented various mechanical problems, including with the differential and braking system nuts
Application allowed in part
Summary
Purchase price: $24,900
Claim for $7,000 (for cost of repairs and inconvenience suffered)
Amount awarded
$1,634
- $370 for replacement of towing trailer wheels;
- $350 for inspections and mechanical repairs;
- $414.20 for replacement of braking system pipes and connectors;
- $500 for inconvenience suffered.
Full judgment (in French only)
Depelteau c. Prestige Auto Max inc.
January 2015
Engine of used motorcycle broke down after 75 km
Application allowed in part
Summary
Purchase price: $6,700
Claim for $7,000
- $5,627.96 to replace engine;
- $1,372.04 for inconvenience suffered.
Amount awarded
$1,800 (for installation of used engine with warranty)
Full judgment (in French only)
Croteau c. 9201-5627 Québec inc. (Auto Distinction FXC)
December 2014
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 : November 12, 2020
Were you unable to find an answer to your question? Please call us.
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.
