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 decisions

Issue Summary of claim Outcome Amount awarded Full judgment (in French only)
Above-ground swimming pool collapsing after one season of use

(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, plus the reimbursement of expert fees)

Claim allowed in part $5,525

($5,300 for the replacement of the swimming pool and $225 in reimbursement of expert fees)

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

(purchase price: $10,500)

Claim for $6,934

(including $422.63 for lawyers’ fees and $15.32 for the cost of parts)

Claim allowed in part $1,515.32

($500 for the non-compliant walls, $1,000 corrective work, and $15.32 for the costs of parts)

Blanchette c. Piscitrium inc.

(July 2017)

Cover of above-ground swimming pool ripped and steel panels of pool rusted after 6 years of use

(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, and $800 for damage caused to landscaping and patio)

Claim allowed in part $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, and $120.72 for inspection fees)

Joly c. Magasin Trévi inc.

(June 2017)

Above-ground swimming pool collapsing in certain places at the end of the 1st summer of use

(purchase price: $6,143.11)

Claim for $4,618.99

($1,667.14 to redo the installation work, $451.85 for materials, and $2,500 for loss of enjoyment of the swimming pool during part of the summer)

Claim dismissed $0 Moniz c. Magasin Trévi inc. (Trévi)

(March 2017)

Spa shell cracked after approximately 3 years of use

(purchase price: $6,900)

Claim for $7,900

($6,900 for the reimbursement of the purchase price and $1,000 in damages)

Claim allowed in part $4,645

($3,945, representing 4/7th of the purchase price, and $700 for inconvenience suffered)

Girouard c. IPG Canada

(November 2016)

Various problems affecting spa resulting in at least 9 breakdowns in 3 years of use

(purchase price: $12,647.06, including tax)

Claim for $14,000

(reimbursement of purchase price before tax, plus $3,000 in damages)

Claim allowed in part $13,539.16

($10,539 for partial (5/6) reimbursement of purchase price, $2,000 for inconvenience suffered, and $1,000 in punitive damages)

Bergeron c. Club piscine Joliette inc.

(October 2016)

Spa fountains not working upon installation

(purchase price: not specified)

Claim for $321.91

(cost of estimate and repairs)

Claim allowed $321.91 Funkel c. Lemay

(September 2016)

"In clear" bromine based water sanitization system of swim spa did not work properly

(purchase price: $27,000, plus tax)

Claim for $4,736.33

($1,725 for cost of "in clear" system, $689.88 to replace cover, $321.45 for products purchased, and $2,000 for loss of enjoyment of the spa)

Claim allowed in part $3,414.88

(reimbursement of cost of “in clear” system and replacement of cover and $1,000 for inconvenience suffered)

Vachon c. Piscines Pro et patios NV inc.

(June 2016)

Above-ground swimming pool leaking, lock of cover broke, and fold formed in sheet metal wall 3 years after installation

(purchase price: $7,530.98)

Claim for $4,880 Claim dismissed $0 Desjardins c. Piscines St-Louis inc.

(June 2016)

Paint of in-ground swimming pool chipping and lights no longer working after one year

(purchase price: $24,024)

Claim for $5,432.57

(paint work and repairs)

Claim allowed $5,432.57 Ramoutar c. Paquin

(June 2016)

Black spots appearing on sides of in-ground fibreglass swimming pool after 7 years of use

(purchase price: $21,969)

Claim for $15,000

(reason not specified)

Claim allowed in part $9,904.13

($4,204.13 for sandblasting and painting work, $4,500 for depreciation of the pool, and $1,200 for inconvenience suffered)

Lemieux c. Piscine Fibro Canada ltée

(April 2016)

Above-ground swimming pool began to rust one year after installation

(purchase price: $3,050)

Claim for $3,050

(reimbursement of price paid for purchase and installation)

Claim allowed $3,050 Rondeau c. Domaine Les 3 D inc.

(April 2016)

Spa making unusual noise 3 or 4 days after installation with rings forming on the inside shortly thereafter

(purchase price: $5,000.02)

Claim for $5,231.01

(reimbursement of purchase price and $230.99 for reimbursement of lawyers’ fees)

Claim dismissed $0 Mercier c. Piscibo inc.

(August 2015)

Water quality of spa inadequate because of missing UV ray option

(purchase price: $15,521.63, including gazebo and UV ray accessory)

Claim for $7,000 Claim allowed in part $556

($255 for installation of additional UV ray system option and plumbing supplies, $201 for replacement of LED lights, and $100 for loss of enjoyment of spa)

Juneau c. 9034-9770 Québec inc.

(April 2015)

Spa turned out to be defective upon installation

(purchase price: $8,048.25)

Claim for $6,828.34

($1,400.25 for repairs, $977,28 for IMO filtration system, $250.81 for purchase of 2nd water heater, $3,000 for future repairs, and $1,200 for inconvenience suffered)

Claim allowed in part $2,651.06

($1,651.06 for cost of repairs and $1,000 for the loss of enjoyment of the spa)

Borgia c. Sunrise Tradex Corporation

(June 2014)

Spa presenting many problems as of the first days of use

(purchase price: $9,995)

Claim for $6,500.05

($2,275 for contract penalty, $490.88 for purchase of products, $300 for time invested to find and repair problems, $2,275 for loss of enjoyment of spa, $106.69 for photocopies, $52.48 for postage expenses, $100 for premature wear of pump, $100 for cleaning problems, $100 for poorly functioning radio, $160 for travel expenses, and $540 for inconvenience suffered)

Claim allowed in part $500 for inconvenience suffered Perreault c. Groupe Sima inc.

(March 2014)

Swimming pool deteriorated prematurely because of oxidation of iron and its components

(purchase price: $7,675, including various accessories)

Claim for $7,000

(for total loss of swimming pool)

Claim allowed in part $5,000

(reason not specified)

Marcoux c. Piscines Pro et patios NV inc. (Trevi)

(November 2013)

Spa broke down repeatedly as of delivery

(purchase price: $12,500)

Claim for $7,000 Claim allowed $7,000

(reason not specified)

Charette c. Piscines St-Louis

(October 2013)

Above-ground swimming pool became warped and cover ripped 2 years after installation

(purchase price: $3,400, including accessories and installation)

Application to cancel the sale and claim for $2,766.30

(for repair costs)

Claim allowed in part $2,766.30 Bouchard c. Piscines Pro

(April 2013)

Significant leak from spa caused by a screw that came loose 9 years after sale

(purchase price: not specified)

Claim for $500

(for costs of repair and replacement and inconvenience suffered)

Claim allowed $500 Hudon c. Piscines Pro et patios NV inc.

(February 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 : July 20, 2018

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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.