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 snowmobile that experienced mechanical problems as of first use
Claim allowed in partSummary
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
Power steering box of used recreational vehicle had to be repaired shortly after purchase
Claim dismissedSummary
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 dismissedSummary
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.
Used motorcycle presented clutch problem as of first use
Application allowed in partSummary
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 partSummary
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 partSummary
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)
April 2016
Engine of all-terrain vehicle stopped working after 1,166 km
Claim allowed in partSummary
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 partSummary
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 partSummary
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 dismissedSummary
Purchase price: not specified
Claim for $8,361.93 (cost of repairs and damages)
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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