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
Automobile whose engine broke down more than ten months or 9,693 km after being repaired
Claim dismissed
Summary
Claim for $389.17
For improper engine repair
Automobile was damaged when a wheel became detached due to faulty tire replacement
Claim allowed in part
Summary
Claim for $10,000
For damage sustained
Amount awarded
$4,560
- $500 for reimbursement of insurance deductible;
- $60 for fuel expenses;
- $3,000 for inconvenience suffered;
- $1,000 for loss of value of the vehicle.
Full judgment (in French only)
Deschênes c. 2868-2896 Québec inc. (Garage Grenier Mécanique)
July 2018
Engine of vehicle had defects and overheated a few days after being repaired
Claim allowed in part
Summary
Claim for $9,816.40
- $5,641.85 to rebuild engine;
- $2,191.54 for the cost of parts;
- $1,468.53 for a new clutch;
- $379.96 for wiring harness;
- $134.52 for inspection fees.
Amount awarded
$2,493.81
Reimbursement of repair cost
Full judgment (in French only)
June 2018
Front wheels of vehicle fell off after tire change
Claim allowed in part
Summary
Claim for $15,000
For damage caused and inconvenience suffered
Amount awarded
$3,411.16
- $411.16 for cost of repairs;
- $1,000 for insurance deductible;
- $2,000 for inconvenience suffered.
Full judgment (in French only)
Bienvenue c. 6740464 Canada inc. (Silencieux GMS Longueuil)
February 2018
Maintenance work performed on an automobile resulting in oil leak and damage to engine requiring its replacement
Application allowed in part
Summary
Claim for $4,752
- $3,600 for damaged engine;
- $20 for purchase of engine oil;
- $37 for repair of oil drain plug;
- $275 for engine inspection;
- $200 for inconvenience suffered.
Amount awarded
$2,447.95
- $2,311 for replacement of engine;
- $37 for repair of oil drain plug;
- $114.92 for cost of engine diagnostic inspection.
Full judgment (in French only)
Lampron c. Spécialistes d'auto EPB inc.
December 2017
Automobile engine continued to emit smoke shortly after being repaired
Application dismissed
Summary
Claim for $6,775.98 (reason not specified)
Repair work on power-steering box of truck had to be redone by another mechanic
Application allowed
Summary
Claim for $2,069.86
For cost of remedial work, transportation costs, loss of time, and inconvenience suffered
Amount awarded
$2,069.86
Full judgment (in French only)
Lecourt c. Miky Auto inc. (Sélection Rive-Sud)
April 2016
Truck engine stopped working after oil change was performed
Claim allowed in part
Summary
Claim for $7,000
For restoration of truck, other incidental expenses, and loss of time
Amount awarded
$705.24
- $205.24 for towing expenses and cost of formal notice;
- $500 for inconvenience suffered.
Full judgment (in French only)
April 2016
Overheating problem affecting automobile continued after changing engine head
Claim dismissed
Summary
Claim for $3,761.24
- $2,589.85 for cost of repairs;
- $187.50 for purchase of water pump;
- $84.24 for transportation expenses;
- $900 for loss of vacation time.
Amount awarded
$0
Full judgment (in French only)
Tremblay c. Michel Guay Land Rover Service
March 2016
Right front wheel of automobile broke two months after tire change and after having been driven over 5,000 km
Claim dismissed
Summary
Claim for $793.34
- $359.72 for cost of repairs;
- $433.62 for transportation expenses.
Amount awarded
$0
Full judgment (in French only)
Letendre c. Investissements Raymond Gagné ltée
March 2016
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 : November 12, 2020
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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.
