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 tractor with reverse gear issues after the first few kilometers

Claim allowed

Summary

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 part

Summary

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)

Baril c. Autobus Idéal inc.

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 part

Summary

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 part

Summary

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)

Rajotte-Lemay c. Lajeunesse

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 part

Summary

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)

Bérubé c. Automobile SMG inc.

October 2018

Used all-terrain vehicle that had steering and engine problems after less than ten hours’ use

Claim allowed in part

Summary

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 allowed

Summary

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 part

Summary

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)

http://t.soquij.ca/n2THz

June 2018

Used all-terrain vehicle with damaged chassis and steering, and brakes that are almost unusable after first use

Claim allowed

Summary

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

Used snowmobile that experienced mechanical problems as of first use

Claim allowed in part

Summary

Purchase price: $7,835.55

Claim for $4,601.34

  • $3,101.04 for estimate and cost of repairs;
  • $500 for hood repair;
  • $1,000 for loss of use.

Amount awarded

$3,901.34

  • $3,101.34 for repairs;
  • $800 for loss of use.

Full judgment (in French only)

Nadeau c. Centre Motofolie inc.

February 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.