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

Power steering box of used recreational vehicle had to be repaired shortly after purchase

Claim dismissed

Summary

Purchase price: $9,772.86

Claim for $15,000 (for reimbursement of purchase price and costs incurred)

Amount awarded

$0

Full judgment (in French only)

Dechamplain c. 6649611 Canada inc. (VR St-Nicolas)

September 2017

Suspension of used motorcycle required replacement after 21,000 km

Application dismissed

Summary

Purchase price: not specified

Claim for $4,955.36

  • For cost of repairs;
  • Registration fees;
  • Insurance premium for period during which motorcycle was not used;
  • Loss of time.

Amount awarded

$0

Full judgment (in French only)

Dupuis c. Yamaha Moteur du Canada ltée

May 2017

Used motorcycle presented clutch problem as of first use

Application allowed in part

Summary

Purchase price: $21,500

Claim for $7,475.65 (cost of repairs)

Amount awarded

$3,000

  • $1,200 for replacement of clutch;
  • $1,800 for repairs to render motorcycle compliant and safe.

Full judgment (in French only)

Thériault c. Motoaction Villeneuve

October 2016

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)

Arcand c. Toupin

April 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)

Amount awarded

$0

Full judgment (in French only)

Pichette c. John Deere Canada, u.l.c.

January 2016

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

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.