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
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
Used scooter turned out to be defective in the first weeks of use
Allowed in part
Summary
Purchase price: $1,338.62 including tax
Application to cancel sale and claim for damages (amount not specified)
Amount awarded
$1,558.62
- $1,338.62 for reimbursement of purchase price;
- $250 in damages.
Full judgment (in French only)
February 2014
Hydraulic system in used tractor turned out to be defective upon very first use
Claim allowed
Summary
Purchase price: $1,494.68
Claim for $1,628.15
- For reimbursement of purchase price;
- inspection fees of $63.47;
- transportation expenses of $70.
Amount awarded
$1,628.15
Full judgment (in French only)
Chagnon c. Lachance et Fils inc.
December 2013
Engine seals of used tractor broke after about 60 hours of use
Claim allowed in part
Summary
Purchase price: not specified
Application to cancel sale and claim for damages ($2,500)
Amount awarded
$1,919.98
- $1,769.98 for cost of repairs;
- $150 for inconvenience suffered.
Full judgment (in French only)
December 2013
Used recreational vehicle had water infiltration, delamination and water heating problems two months after purchase
Claim allowed in part
Summary
Purchase price: $39,316.13
Claim for $5,965
- For cost of repairs;
- $2,000 for inconvenience suffered, inspection fees, gas and loss of food.
Amount awarded
$4,084.98
- $1,612.04 for sewage system repair;
- $925.39 for water heater repair;
- $125.31 for air conditioning sealant;
- $132.28 for leaking tap;
- $559.25 for refrigerator repair;
- $226.71 for inspection fees;
- $500 for inconvenience suffered.
Full judgment (in French only)
Demers c. 9174-8806 Québec inc. (Summum Auto selection)
August 2013
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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