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
Bicycle chain and certain components had to be replaced 2 months after purchase (after 1,500 km) and 10 months later (after 7,200 km)
Claim dismissed
Summary
Price paid: $3,059
Claim for $709.87
- $81.03 to replace chain
- $370.14 to replace chain, cassette, and crankset
- $14.70 for mailing costs
- $143 for travel expenses
- $101 for small claims fee
Amount awarded
$0
Full judgment (in French only)
Valois c. Boutique de vélos Cadence inc.
April 2021
Pavilion gazebo collapsed 9 months after purchase
Claim allowed in part
Summary
Price paid: $2,614.53
Claim for $4,764.28
- $3,764.28 for reimbursement of sales price and installation fees
- $1,000 for loss of use of gazebo
Amount awarded
$3,764.28
For reimbursement of sales price and installation fees
Full judgment (in French only)
Deschênes c. Magasins Trévi inc.
March 2021
Bulging surface of rotating game table
Claim allowed
Summary
Price paid: $799.99 plus taxes and delivery charges
Claim for annulment of sale and for damages
- $919.79 for reimbursement of purchase price, including taxes;
- $126.47 for reimbursement of delivery charges;
- $11.50 for reimbursement of costs of formal notice.
Amount awarded
$1,046.27
Full judgment (in French only)
Gérin c. Québec Billard et Décor inc.
March 2019
New skate blades broke 3 times in 15 months
Claim allowed in part
Summary
Price paid: $689.84 for skates
Claim of $15,000
- $2,142.37 for reimbursement of taxi charges;
- $2,780.87 for loss of hockey practices;
- Damages for inconvenience suffered, bodily injury, and loss of enjoyment (amount not specified.
Amount awarded
$4,032.75
- $232.80 for reimbursement of taxi charges;
- $160.95 for replacement of blades;
- $89 for purchase of crutches and medical equipment;
- $50 to obtain medical report;
- $3,500 for damages, trouble and inconvenience, and loss of enjoyment as a result of fracture of right kneecap.
Full judgment (in French only)
Demers-Diaz c. Bauer Hockey Corporation
December 2017
Road bike derailleur broke less than 1 year after purchase
Claim allowed in part
Summary
Price paid: $1,898.08
Claim of $943.91
For estimated cost of repairs
Amount awarded
$789.93
For actual cost of repairs done
Full judgment (in French only)
Maher-Perron c. Primeau Vélo inc.
September 2017
Battery of electric training system for bicycle needed to be replaced 3 years after purchase
Claim allowed
Summary
Price paid: $2,289.25
Claim of $707
Reduction of purchase price
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 : May 3, 2021
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