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
Above-ground pool with damaged lining and posts 2 years after purchase
Claim allowed in part
Summary
Price paid: $3,429.68
Claim for $5,400
Unspecified claim
Amount awarded
$3,223.90
For reimbursement of sale price
Full judgment (in French only)
Blais c. Meloche Monnex inc. (TD Assurance)
June 2021
Spa has water quality problems and deteriorating components 2 to 3 months after purchase
Claim allowed in part
Summary
Price paid: $9,932.73
Claim for $11,910.95
- $10,410.95 for reimbursement of sales price of spa and accessories
- $1,500 for< inconvenience suffered
Amount awarded
$11,410.95
- $10,410.95 for reimbursement of sales price of spa and accessories
- $1,000 for inconvenience suffered
Full judgment (in French only)
Labelle c. Club Piscine St-Jérôme
May 2021
Wall of above ground pool pierced by rust after 7 years of use
Claim allowed in part
Summary
Purchase price: unspecified
Unspecified
For cost of replacing pool and for damages
Amount awarded
$1,907.38
- $1,707.38 for replacement of wall and lining
- $200 for loss of use of pool
Full judgment (in French only)
July 2020
Used spa whose plumbing had a leakage problem immediately after purchase
Claim allowed in part
Summary
Purchase price: $4,311.56
Claim for $5,667.36
- $4,311.56 for reimbursement of purchase price;
- $1,355.80 for loss of cottage rental income.
Amount awarded
$4,311.56
Reimbursement of purchase price
Full judgment (in French only)
December 2018
Spa whose jets and some plastic parts have changed colour less than a year of purchase
Claim allowed in part
Summary
Purchase price: $7,499.99 plus taxes
Claim for $8,623.11
Reimbursement of purchase price
Amount awarded
$500
For inconvenience suffered
Full judgment (in French only)
Sukerman c. Magasins Trévi inc. (Trévo Dorval)
May 2018
Above-ground swimming pool collapsing after one season of use
Claim allowed in part
Summary
Purchase price: not specified
Claim for $7,200
- $5,300 for the replacement of the swimming pool;
- $1,200 $ for payments on the capital of the loan;
- reimbursement of expert fees.
Amount awarded
$5,525
- $5,300 for the replacement of the swimming pool;
- $225 in reimbursement of expert fees.
Full judgment (in French only)
Perry c. Plomberie Montcalm inc. (Piscines Ste-Julienne)
October 2017
Above-ground swimming pool was not installed in accordance with manufacturer’s instructions and is inconsistent with the contract of sale
Claim allowed in part
Summary
Purchase price: $10,500
Claim for $6,934
- Including $422.63 for lawyers’ fees;
- $15.32 for the cost of parts.
Amount awarded
$1,515.32
- $500 for the non-compliant walls;
- $1,000 corrective work;
- $15.32 for the costs of parts.
Full judgment (in French only)
July 2017
Cover of above-ground swimming pool ripped and steel panels of pool rusted after 6 years of use
Claim allowed in part
Summary
Purchase price: $3,902.09
Claim for $2,751.57
- $1,830.85 for the estimated cost of the work required;
- $120.72 in fees for technician’s visit;
- $800 for damage caused to landscaping and patio.
Amount awarded
$1,874.87
- $209 and $326.70, representing 55% of price of cover and steel panels;
- $59.99 for skimmer;
- $139.00 for hardware;
- $790 for labour;
- $120.72 for inspection fees.
Full judgment (in French only)
June 2017
Above-ground swimming pool collapsing in certain places at the end of the 1st summer of use
Claim dismissed
Summary
Purchase price: $6,143.11
Claim for $4,618.99
- $1,667.14 to redo the installation work;
- $451.85 for materials;
- $2,500 for loss of enjoyment of the swimming pool during part of the summer.
Spa shell cracked after approximately 3 years of use
Claim allowed in part
Summary
Purchase price: $6,900
Claim for $7,900
- $6,900 for the reimbursement of the purchase price;
- $1,000 in damages.
Amount awarded
$4,645
- $3,945, representing 4/7th of the purchase price;
- $700 for inconvenience suffered.
Full judgment (in French only)
November 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 : March 2, 2023
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