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
Oil reservoir cap on vehicle had to be replaced after repair work and oil change
Claim allowed in part
Summary
Claim for $1,000
- $91.92 for oil change
- $183.85 for oil change and replacement of defective part
- $724.23 for inconvenience suffered
Amount awarded
$183.85
- $91.92 for oil change
- $68.93 for diagnostic costs of engine knocking problem
- $23 for sending of formal notices
Full judgment (in French only)
March 2020
Engine of vehicle broke down immediately after timing chain replacement work
Claim allowed in part
Summary
Claim for $14,536.59
- $5,863.73 for engine replacement
- $6,407.14 for use of extended warranty benefits
- $272 for towing fees
- $243.72 for insurance premium paid while vehicle not in use
- $750 for lost work days
- $1,000 for legal fees
Amount awarded
$2,438.83
- $1,923.11 for use of extended warranty benefits
- $272 for towing fees
- $243.72 for insurance premium paid while was vehicle not in use
Full judgment (in French only)
Marchand c. Hétu (Mécanique Pro-Tech enr.)
February 2020
Rust removal, body repair, and painting of truck with defects that appeared after more than 2 years
Claim allowed in part
Summary
Claim for $7,315.46
Unpaid balance for body work and painting
Amount awarded
$5,815.46
Cost of repair work less $1,500 to take into account a failure on the part of the merchant
Full judgment (in French only)
June 2019
Vehicle with brake plate fallen off, nut unscrewed, universal joint pierced, and air conditioning not working after repair work
Claim dismissed
Summary
Claim for $1,720.03
- $113.72 for repair of universal joint;
- $873.81 for repair of air conditioning;
- $571 for damaged side mirrors;
- $150 for brakes;
- $11.50 for costs of formal notice.
Amount awarded
$0
Full judgment (in French only)
Girard c. Thibault (Garage Michel Thibault enr.)
March 2019
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)
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 : May 3, 2021
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