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

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)

Labelle c. Zone Moto inc.

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)

Poirier c. Graveline

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

Cyclomoteur usagé qui présente des problèmes de fonctionnement et de démarrage intermittents dès les premiers jours suivant la vente

Demande accueillie en partie

Summary

Prix payé : 2 539,80 $

Réclamation de 2 450 $

À titre de dommages-intérêts

Amount awarded

1 500 $

Pour la perte d’usage, les inconvénients liés aux pannes et la perte de valeur du véhicule lors de la revente

Full judgment (in French only)

Gendron c. 9272-2800 Québec inc. (Scootershop)

February 2024

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.