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 collapsed less than 2 years after installation

Claim allowed in part

Summary

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 part

Summary

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 part

Summary

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 part

Summary

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 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

Canvas and steel walls in above-ground pool had to be replaced about 4 years after purchase due to corrosion

Claim allowed in part

Summary

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 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)

Perrier c. Trévi Sherbrooke

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)

Fisher c. Hyde

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

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 : October 12, 2023

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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.