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
Canvas and steel walls in above-ground pool had to be replaced about 4 years after purchase due to corrosion
Claim allowed in partSummary
Purchase price: $5,047
Claim for $2,500
- $2,305.24 for reimbursement of the cost of repairs
- $144.76 for reimbursement of interest costs
- $50 in exemplary damages
Amount awarded
$2,355.25
- $2,305.24 for reimbursement of the cost of repairs
- $50 in exemplary damages
Full judgment (in French only)
Gagnon c. 9378-7471 Québec inc. (Piscines Trévi)
June 2021
Spa has water quality problems and deteriorating components 2 to 3 months after purchase
Claim allowed in partSummary
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 partSummary
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 partSummary
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 partSummary
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
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 : August 21, 2024
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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.
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