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 liner ripped a few months after installation
Claim allowedSummary
Purchase price: unspecified
Claim for $1,034.75
For the replacement of the liner
Amount awarded
$1,034.75
Full judgment (in French only)
Bourdages c. Piscine Mirabel inc.
February 2024
Above-ground pool collapsed less than one year after installation
Claim allowedSummary
Purchase price: $3,199.50
Claim for $3,199.50
For reimbursement of purchase price
Liner on a saltwater above-ground pool ripped 7 years after the sale and pool wall became rusty and perforated 11 years after the sale
Claim allowed in partSummary
Purchase price: $11,500.09
Claim for $11,575.46
- $11,500.09 for reimbursement of sales price
- $75.37 for the cost of the formal notice
Amount awarded
$4,877
- $2,300 for a new pool wall
- $120 for a new liner
- $52 for a new skimmer
- $405 to dismantle the pool
- $2,000 to reinstall of the pool
Full judgment (in French only)
Ricci c. Club Piscine Laval inc.
July 2023
Liner of above-ground pool ripped, and structure became deformed 2 years after the sale
Claim allowed in partSummary
Purchase price: $4,606
Claim for $4,337
For the purchase and installation of a new pool
Amount awarded
$1,695.76
- $1,295.76 to replace the liner and to straighten the walls
- $400 to smooth out the walls
Full judgment (in French only)
May 2023
Perforated liner, rusty connectors and rails, and deformed walls on above-ground pool with a salt sanitation system 10 years after purchase
Claim allowed in partSummary
Purchase price: $4,853.60
Claim for $8,116.39
- $5,116.39 for the cost of repairs
- $1,000 for witness fees
- $2,000 for inconvenience suffered
Amount awarded
$3,634.31
- $229.49 for the cost of the liner
- $967.63 for the pool wall and hardware
- $1,437.19 for installation costs
- $1,000 for inconvenience suffered
Full judgment (in French only)
Petitclerc c. Magasins Trévi inc.
March 2023
Above-ground pool collapsed less than 2 years after installation
Claim allowed in partSummary
Purchase price: $4,212.68
Claim for $3,664
For reimbursement of purchase price (including installation and removal of old pool, but excluding taxes)
Amount awarded
$3,000
For partial reimbursement of purchase price, excluding taxes, and the cost to remove the old pool
Full judgment (in French only)
Joannette c. Club Piscine Plus CPPQ (West Island) inc.
December 2022
Pool liner that cracked 2 years after purchase
Claim allowed in partSummary
Purchase price: $647.29
Claim for $6,994.92
- $647.29 for reimbursement of purchase price
- $5,847 to repair the pool
- $500 for the loss of use of the pool
Amount awarded
$2,195.88
- $485 for reimbursement of the cost of the liner
- $800 for the loss of the pool
- $325 to dismantle the pool
- $5.98 for drain parts,
- $79.90 for a bag of sand
- $500 for the loss of use of the pool
Full judgment (in French only)
Lépine c. Latham Pool Products Inc.
July 2022
Liner on an above-ground pool broke and the structure collapsed less than 2 years after installation
Claim allowed in partSummary
Purchase price: $3,511.34
Claim for $4,129.90
For the cost of replacing and installing the new pool
Amount awarded
$3,304
For partial reimbursement of the cost of replacing and installing the new pool
Full judgment (in French only)
Brien c. Service piscine Pat-Rick inc.
May 2022
Above-ground pool could not be used less than 2 years after purchase because rust appeared on the lower part of the panels
Claim allowed in partSummary
Purchase price: $3,333.13
Claim for $4,925
For reimbursement of the cost of the loan to purchase the pool
Amount awarded
$4,108.68
For partial reimbursement of the cost of the loan paid to purchase the pool
Full judgment (in French only)
Carpentier c. Piscines Tropicana ltée (Club Piscine)
March 2022
Above-ground pool with damaged lining and posts 2 years after purchase
Claim allowed in partSummary
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
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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