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 swimming pool collapsing after one season of use
Claim allowed in partSummary
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 partSummary
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 partSummary
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 dismissedSummary
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 partSummary
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
Various problems affecting spa resulting in at least 9 breakdowns in 3 years of use
Claim allowed in partSummary
Purchase price: $12,647.06, including tax
Claim for $14,000
Reimbursement of purchase price before tax, plus $3,000 in damages
Amount awarded
$13,539.16
- $10,539 for partial (5/6) reimbursement of purchase price;
- $2,000 for inconvenience suffered;
- $1,000 in punitive damages.
Full judgment (in French only)
Bergeron c. Club piscine Joliette inc.
October 2016
Spa fountains not working upon installation
Claim allowedSummary
Purchase price: not specified
Claim for $321.91
Cost of estimate and repairs
"In clear" bromine based water sanitization system of swim spa did not work properly
Claim allowed in partSummary
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;
- $2,000 for loss of enjoyment of the spa.
Amount awarded
$3,414.88
- Reimbursement of cost of “in clear” system and replacement of cover;
- $1,000 for inconvenience suffered.
Full judgment (in French only)
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
Claim dismissedSummary
Purchase price: $7,530.98
Claim for $4,880
Paint of in-ground swimming pool chipping and lights no longer working after one year
Claim allowedSummary
Purchase price: $24,024
Claim for $5,432.57
Paint work and repairs
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.
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