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
Black spots appearing on sides of in-ground fibreglass swimming pool after 7 years of use
Claim allowed in partSummary
Purchase price: $21,969
Claim for $15,000 (reason not specified)
Amount awarded
$9,904.13
- $4,204.13 for sandblasting and painting work;
- $4,500 for depreciation of the pool;
- $1,200 for inconvenience suffered.
Full judgment (in French only)
Lemieux c. Piscine Fibro Canada ltée
April 2016
Above-ground swimming pool began to rust one year after installation
Claim allowedSummary
Purchase price: $3,050
Claim for $3,050
Reimbursement of price paid for purchase and installation
Spa making unusual noise 3 or 4 days after installation with rings forming on the inside shortly thereafter
Claim dismissedSummary
Purchase price: $5,000.02
Claim for $5,231.01
Reimbursement of purchase price and $230.99 for reimbursement of lawyers’ fees
Water quality of spa inadequate because of missing UV ray option
Claim allowed in partSummary
Purchase price: $15,521.63, including gazebo and UV ray accessory
Claim for $7,000
Amount awarded
$556
- $255 for installation of additional UV ray system option and plumbing supplies;
- $201 for replacement of LED lights;
- $100 for loss of enjoyment of spa.
Full judgment (in French only)
Juneau c. 9034-9770 Québec inc.
April 2015
Spa turned out to be defective upon installation
Claim allowed in partSummary
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;
- $1,200 for inconvenience suffered.
Amount awarded
$2,651.06
- $1,651.06 for cost of repairs;
- $1,000 for the loss of enjoyment of the spa.
Full judgment (in French only)
Borgia c. Sunrise Tradex Corporation
June 2014
Spa presenting many problems as of the first days of use
Claim allowed in partSummary
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;
- $540 for inconvenience suffered.
Amount awarded
$500
For inconvenience suffered
Full judgment (in French only)
March 2014
Swimming pool deteriorated prematurely because of oxidation of iron and its components
Claim allowed in partSummary
Purchase price: $7,675, including various accessories
Claim for $7,000
For total loss of swimming pool
Amount awarded
$5,000
Reason not specified
Full judgment (in French only)
Marcoux c. Piscines Pro et patios NV inc. (Trevi)
November 2013
Spa broke down repeatedly as of delivery
Claim allowedSummary
Purchase price: $12,500
Claim for $7,000
Amount awarded
$7,000
Reason not specified
Full judgment (in French only)
October 2013
Above-ground swimming pool became warped and cover ripped 2 years after installation
Claim allowed in partSummary
Purchase price: $3,400, including accessories and installation
Application to cancel the sale and claim for $2,766.30 (for repair costs)
Significant leak from spa caused by a screw that came loose 9 years after sale
Claim allowedSummary
Purchase price: not specified
Claim for $500
For costs of repair and replacement and inconvenience suffered
Amount awarded
$500
Full judgment (in French only)
Hudon c. Piscines Pro et patios NV inc.
February 2013
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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