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
Vehicle broke down the first day after it was repaired
Claim allowed in partOil reservoir cap on vehicle had to be replaced after repair work and oil change
Claim allowed in partEngine of vehicle broke down immediately after timing chain replacement work
Claim allowed in partRust removal, body repair, and painting of truck with defects that appeared after more than 2 years
Claim allowed in partVehicle with brake plate fallen off, nut unscrewed, universal joint pierced, and air conditioning not working after repair work
Claim dismissedAutomobile whose engine broke down more than ten months or 9,693 km after being repaired
Claim dismissedAutomobile was damaged when a wheel became detached due to faulty tire replacement
Claim allowed in partEngine of vehicle had defects and overheated a few days after being repaired
Claim allowed in partFront wheels of vehicle fell off after tire change
Claim allowed in partMaintenance work performed on an automobile resulting in oil leak and damage to engine requiring its replacement
Application allowed in partContinuing your search
You can also consult other court decisions concerning legal warranties using the search engine Cet hyperlien s’ouvrira dans une nouvelle fenêtre available free of charge on the SOQUIJ website (in French only).
Last update : August 21, 2024
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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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