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.
Examples of judgments
| Issue | Summary of claim | Outcome | Amount awarded | Full judgment (in French only) |
|---|---|---|---|---|
| Automobile was damaged when a wheel became detached due to faulty tire replacement | Claim for $10,000 (for damage sustained) | Claim allowed in part | $4,560 ($500 for reimbursement of insurance deductible, $60 for fuel expenses, $3,000 for inconvenience suffered and $1,000 for loss of value of the vehicle) | 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 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 and $134.52 for inspection fees) | Claim allowed in part | $2,493.81 (reimbursement of repair cost) | Guénette c. Tecnica Mécanique (June 2018) |
| Front wheels of vehicle fell off after tire change | Claim for $15,000 (for damage caused and inconvenience suffered) | Claim allowed in part | $3,411.16 ($411.16 for cost of repairs, $1,000 for insurance deductible and $2,000 for inconvenience suffered) | 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 | 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, and $200 for inconvenience suffered) | Application allowed in part | $2,447.95 ($2,311 for replacement of engine, $37 for repair of oil drain plug, and $114.92 for cost of engine diagnostic inspection) | Lampron c. Spécialistes d'auto EPB inc. (December 2017) |
| Automobile engine continued to emit smoke shortly after being repaired | Claim for $6,775.98 (reason not specified) | Application dismissed | $0 | St-Arneault c. Trois-Rivières Chevrolet (July 2016) |
| Truck engine stopped working after oil change was performed | Claim for $7,000 (for restoration of truck, other incidental expenses, and loss of time) | Claim allowed in part | $705.24 ($205.24 for towing expenses and cost of formal notice, and $500 for inconvenience suffered) | Sénécal c. Garage Poupart (April 2016) |
| Repair work on power-steering box of truck had to be redone by another mechanic | Claim for $2,069.86 (for cost of remedial work, transportation costs, loss of time, and inconvenience suffered) | Application allowed | $2,069.86 | Lecourt c. Miky Auto inc. (Sélection Rive-Sud) (April 2016) |
| Overheating problem affecting automobile continued after changing engine head | Claim for $3,761.24 ($2,589.85 for cost of repairs, $187.50 for purchase of water pump, $84.24 for transportation expenses, and $900 for loss of vacation time) | Claim dismissed | $0 | 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 for $793.34 ($359.72 for cost of repairs and $433.62 for transportation expenses) | Claim dismissed | $0 | Letendre c. Investissements Raymond Gagné ltée (March 2016) |
| Automobile damaged as a result of wheel coming off after ball bearings were changed | Claim for $1,240.88 ($269.76 for wheel repair, $150.62 for towing charges, $784 for bodywork, $25 for gasoline, and $11.50 for sending formal notice) | Claim dismissed | $0 | Beaulieu c. St-Onge (Garage Claude St-Onge) (August 2015) |
| Engine of automobile damaged further to repair work performed on crankshaft position sensor | Claim for $3,018.68 ($250 for deposit paid on improperly performed work, $1,758.05 for cost of engine repair, $10.83 for postage, and $1,000 for loss of use of vehicle) | Claim allowed | $3,018.68 $ | Tessier c. Robert (Robert Auto) (December 2014) |
| Engine of vehicle was damaged further to repair work performed on oil pressure sensor | Claim for $4,240.76 ($3,246.79 for repairs, $91.98 for towing service, $260.13 for estimate fees, $487.64 for reimbursement of initial repair work and $154.22 for formal notice) | Claim allowed in part | $2,950.16 ($2,110.41 for repairs, $91.98 for towing service, $260.13 for estimate fees and $487.64 for reimbursement of initial repair work) | Leclair c. LSM Mécanique inc. (October 2014) |
| Vehicle experienced dozens of problems, particularly with the turbo and engine, following mechanical repairs | Claim for $7,000 | Claim allowed | $7,000 (for cost of repairs) | Laprise c. Transmission automatique Précision inc. (May 2014) |
| Vehicle stopped working after engine repair and replacement services were performed | Claim for a sum of money and damages (amount not specified) | Claim dismissed | $3,966.93 ($3,566.93 for reimbursement of cost of repairs and $400 for inconvenience suffered) | Boucher c. Silencieux Harwood inc. (Silencieux Minute Muffler) (February 2014) |
| Engine hesitation problem reoccurred two months after being repaired, resulting in permanent damage requiring the installation of a new engine | Claim for $7,000 (for costs of diagnosis and repair) | Application allowed | $7,000 | Paré c. Mazda Chatel (January 2014) |
| Truck stopped working following mechanical work to replace leaf springs | Claim for $947.50 (for reimbursement of cost of repairs) | Claim dismissed | $0 | Sciotto c. Ressorts Lasalle inc. (December 2013) |
| Repair work and replacement of differential gear on vehicle turned out to be unnecessary | Claim for $1,050 (for reimbursement of cost of repairs) | Claim allowed | $1,050 ($2,311 for replacement of engine, $37 for repair of oil drain plug, and $114.92 for cost of engine diagnostic inspection) | Gaudet c. 9131-4856 Québec inc. (Garage Alain Lemieux) (July 2013) |
| Shocks and brakes of automobile had to be replaced after repair work performed | Claim for $727.59 | Application allowed in part | $265.12 (for estimate and repair of shocks) | Castin c. Station service Dumaine inc. (June 2013) |
Note to the reader: The judgment summaries above were provided by SOQUIJ. In rare cases, they may have been subject to an appeal before a higher authority. If you intend on citing any of these judgments before the court, it is recommended that you check the minutes book of the courthouse in question.
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 25, 2019
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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.
